Legal Question in Landlord & Tenant Law in New York
Return of Deposit
If I leave a deposit on an apartment and sign a 6 month lease but then decide to take another apartment, can I receive my deposit back or am I held bindable to the lease? I haven't moved in yet, the time of occupancy is 8/1/05?
1 Answer from Attorneys
Re: Return of Deposit
You are in breach and you owe the landlord damages. This is usually resolved by forfeit of the deposit but depending on the amount of damages may be too much, in which case you would be entitled to a partial refund or you may owe more. The landlord has an obligation to mitigate damages, by attempting to re-lease place, but until reasonably able to do so you are liable for rent. Keep in mind fighting the landlord on the deposit, could end up costing you more in legal fees.
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