Legal Question in Landlord & Tenant Law in New York

Landlord returned security deposit, but now wants it back

Hi-

I have a question regrading a security deposit for an apartment I recently subletted in Brooklyn.

Here's a quick rundown:

I lived in an apartment for two months, then found a new place and moved out. Before I left, the landlord came over, looked around, said everything seemed good and gave me my security deposit of $2500 back. When the next tenant came in, they weren't satisfied with the condition of the apartment and backed out. Now the landlord is calling me several times a day, demanding the security deposit back for ''breech of contact'', and threatening to sue me for the deposit and more if I don't return it. So, here's my question: Does she really have a case, or is the threat of a lawsuit a scare tactic?

Thank you so much for your time.


Asked on 3/13/08, 5:21 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Landlord returned security deposit, but now wants it back

The landlord has a problem. By returning the security deposit and receiving the key, it seems that she released you from your obligations under the lease.

Mike.

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Answered on 3/14/08, 9:02 am


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