Legal Question in Landlord & Tenant Law in New York
Can someone place a lien on a security deposit that I paid for an apartment that I rented?
1 Answer from Attorneys
Unsure of what your question means. If you are afraid your Landlord's creditors will try to take your security deposit, that would mean the landlord was not holding it in a correct type of account- and any loss will be your landlord's fault.
As far as your creditors go, I have never seen that happen, but it does not mean it is impossible. Your creditor would have to have some form of judgment or secured credit arrangement with you in order to place a lien. Then they would have to know that your landlord was holding money that is sort of officially yours, but being held in his name, and they would have to know where that was and prove that their claim to the funds was proper, even though it is a claim against you, not him..... I don't see anyone going to this form of trouble- anyone with a valid, enforceable claim against you will probably just freeze your bank account or garnish your wages- much easier to do.
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