Legal Question in Landlord & Tenant Law in New York

Re: Past landlord claiming rent

Your question sits in two areas of law: 'Debtor/Creditor Law' and 'Landlord & Tenant'.

The facts you have described are thin and do not offer an opportunity to make a full or good answer to your question; but I will do my best.

THIS IS MY FULL ANSWER:

Technically, you must pay rent and may not apply the last month's rent owed to the security deposit. However, having done so, the landlord may accept the deposit (the legal theory would be in the category "waiver"). The Housing Court will require the landlord to accept this outcome. A Civil Court (Small Claims Division) may or may not do so. (They are unpredictable, but they likely will do the same as the Housing Court.)

As you know, the purpose of the security deposit is to pay for any damages to the apartment. You have stated the apartment is not in good condition (violates warranty of habitability).

The inadequacies of the apartment trigger a number of options for you; all dependant on your telling the landlord about the problems (notice). These include: witholding rent, paying for the repairs and subtracting the amount from the rent, and moving out (terminating the lease).

You have chosen to terminate the lease. Write this to the attorneys for the landlord: BECAUSE THE APARTMENT HAD THESE PROBLEMS (list the defects) I CHOSE TO FIND THE LEASE VIOLATED BY THE LANDLORD AND I TERMINATED THE LEASE BY MOVING OUT. PLEASE SEND ME MY SECURITY DEPOSIT REFUND.

Wait for a response or, better, wait one week after mailing the letter and then call the lawyer and ask to speak to the lawyer directly. Be prepared to describe the evidence you have that the apartment was defective.

If there are still problems, call me and I will be happy to meet with you to resolve the situation.