Schenectady, NY asked in Landlord - Tenant for New York

Q: I had a tenant that was due to move out,7/31 but left her possessons in the apartment until 8/9.

can i collect rent as long as her possessions were in apt. also, she left a tv on the curb that i will have to pay to have it taken away. she wants her full security returned in 14 days. can i collect rent till august 9, and deduct from security the cost of taking her tv away?

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1 Lawyer Answer

A: Dear Schenectady Landlord

You will be sued in Small Claims Court if you did not return the full security deposit to the former tenant within 14 days of vacating the home. You did not mention that you provided the required statutory notification that you are not renewing the lease or you were ending the month to month tenancy.

I'm not going to tell you that you are entitled to nine days of rent for the month of August because the statute does not suggest that you are able to do so. This is so for the TV.

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