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Author Topic: Question about a lease situation.  (Read 2439 times)

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Re: Question about a lease situation.
« Reply #15 on: July 23, 2019, 08:13:39 AM »

Online saltlover

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One option would be to be more assertive with the real estate agent. Tell him/her that you don't see in the lease how the seller has the right to kick you out, since it's a year-to-year lease and nowhere does it say they can just give you 30/60 days notice. And it's going to cost you time and money to move voluntarily. But since I'm such a nice guy, here's what I can do:

1) I will find a new place

2) Once I have a lease ready to sign at the new place, I will vacate my current apartment within 5 days of the move-in (so you have a little overlap)

3) I want 100% of my security deposit back, no questions asked, because I have moving expenses and am doing the owner a favor by making this easy. I need that money now, to move into my new place.

4) I'll sign something terminating the lease once I have my deposit back.

Keep in mind the real estate agent wants the commission on the sale and as few headaches as possible, and your deposit is probably peanuts in the grand scheme to them.

You can of course always demand more, and if you do want to fight any of it, tenants are well protected under the law.

I’d add “with interest” to the sentence when talking about the security deposit, as that deposit is required by law:


A lessor of residential real property who holds a security deposit pursuant to this section for a period of one year or longer from the commencement of the term of the tenancy shall, beginning with the first day of the tenancy, pay interest at the rate of five per cent per year, or other such lesser amount of interest as has been received from the bank where the deposit has been held payable to the tenant at the end of each year of the tenancy. Such interest shall be paid over to the tenant each year as provided in this clause, provided, however, that in the event that the tenancy is terminated before the anniversary date of the tenancy, the tenant shall receive all accrued interest within thirty days of such termination. Such interest shall be beyond the claims of such lessor, except as provided for in this section. At the end of each year of a tenancy, such lessor shall give or send to the tenant from whom a security deposit has been received a statement which shall indicate the name and address of the bank in which the security deposit has been placed, the amount of the deposit, the account number, and the amount of interest payable by such lessor to the tenant. The lessor shall at the same time give or send to each such tenant the interest which is due or shall include with the statement required by this clause a notification that the tenant may deduct the interest from the tenant's next rental payment. If, after thirty days from the end of each year of the tenancy, the tenant has not received such notice or payment, the tenant may deduct from his next rent payment the interest due.