Legal Question in Landlord & Tenant Law in New York

Are there cases when the landlord CAN keep your security deposit?

My boyfriend moved in the basement of a house which was offered to him by his aunt and uncle. They were renting out the frst floor and that basement of the house. My boyfriend and them did not sign any contract or lease. He gave in his security deposit to his aunt and uncle,not the landlord of the house. Basically they both shared the rent of the first floor and the basement. He paid $700 and they only paid $600. Now he moved out, but they are not giving him his security deposit back. Their reason for that is that he didn't give them a month in advance notice. What is he tod o?


Asked on 6/17/03, 6:10 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Are there cases when the landlord CAN keep your security deposit?

If he has proof that he paid the security deposit (checks or receipt), he can take the matter to small claims court but if he didn't give advance notice that he was moving out he may not win as this is one of the purposes of a security deposit.

Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 6/18/03, 10:39 am


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