Tenants moved out and broke the lease

[Mal K.]

I have a 6 unit apartment building with some of the units under remodel. Six months ago I rented out one of the units to a young couple that had a “friend” stay over (daily) while at work. That individual played video games and smoked in the apartment (there is no smoking allowed in the building). Few months into their 12 months lease the apartment was broken into and their stuff was stolen (by two acquaintances couple’s “friend” knew and was hanging out with). The door to their apartment was secured the same day and the following day it was replaced. The same day I also had someone installed a keypad lock on the main door to the apartment building. The couple contacted me and said they feel unsafe in the unit and they want out of the lease. I told them I will list their apartment and once it’s re-rented they will no longer be responsible for the rent. I listed the unit immediately at the beginning of October, but just now as of January 1st it got rented. The couple moved out few days after incident end of September, but paid rent for October, but did not pay rent in November or December. I do have their security deposit which I was intending to use for November rent, but I’m still out of December rent. They also switched off electric in the middle of October (the only other bill they were required to keep under their name) to landlords name. There was some damage in the apartment worth $150 dollars (which I have proof and receipts. I have not changed the locks until 1/1/19 so the couple had a full access to their apartment.

1. Should I send them a request for rent for two months they haven’t paid.

2. I can apply their security deposit to one of the months, but I’m still owed one months rent and some damages (listed above $150).

3. If they chose to ignore the request can I either take them to small claims court or report it on their credit

4. If I decided not to persude the couple in small claims court for owed rent and damages am I still required (I’m in NY state) to send them a letter stating their security deposit was used for November’s rent? 

Tahnk you, Mal

[Mal K.]

I ended up renting the apartment ~ 30 days later. I contacted previous tenants and told them I rented the unit, but there is an outstanding balance due to (unit being vacant) between them moving out and new tenant moving in. It took few months (I told them we would go to small claims court if the balance was not paid), but they paid money owed.