Q: Is a notice to vacate/quit in 30 days mean that I was evicted? Without a court order?
I subletted a room in my apartment. In NY, it is illegal. I was given a notice to vacate, and my landlord said if I cooperated peacefully, this will not show on rental history (is this true?) and that I would receive my deposit as soon as I leave the premises. I left the apartment on good terms with the landlord since I wanted to move anyways - it's been a month since I left and I still haven't received my deposit. I followed up for it today and my landlord scolded me that I broke the law and I was evicted and that he'll pay me when he feels like it.
Question #1: Does him serving me a notice to leave mean that I was evicted without a court order? That's my biggest concern because I don't want it to reflect on my record and affect my chances of acquiring a new lease.
Question #2: WHEN is a landlord supposed to give you back the deposit? I don't even know if he terminated my lease officially since I never received a letter confirming it either.
A:
A1: It is the start of an eviction process, but it doesn't mean you were evicted, only a court order or judgment indicating you were evicted would be a legal eviction.
A2: Under New York law, you must itemize and return a tenant's security deposit within “a reasonable time” after the tenant has vacated the property, which typically means a window of 21-45 days.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
