Legal Question in Landlord & Tenant Law in New York

Generally speaking contracts involving property have to be in writing, so your oral agreement is not worth the paper its printed on (as that noted philosopher, Yogi Berra, would say). (But, emails, etc. count as a writing.) Landlord under most leases would have claim for balance of rent due under contract less what could be mitigated. In this economy replacement tenants are not easy to find, especially at same rent. So, facing claim for the deposit (only) is the least of your worries. But, landlord's are so desperate for money now that money talks. Landlord may accept less than due simply for cashflow.