Legal Question in Landlord & Tenant Law in New York

I'm a landlord looking to start summary (eviction) proceedings against a commercial tenant for (4 months rent) non-payment in Brooklyn NY. Could tenant apply security deposit (3 months rent) towards paying for arrears or does landlord have right to hold the security until tenant has paid arrears and is officially out of the premises?


Asked on 12/10/10, 11:32 am

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

Q. Could tenant apply security deposit (3 months rent) towards paying for arrears or does landlord have right to hold the security until tenant has paid arrears and is officially out of the premises?

A. Landlord has the right to hold security until tenant vacates premises. Security is first applied to damage and then to rent.

Mike.

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Answered on 12/15/10, 11:58 am


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