Legal Question in Landlord & Tenant Law in New York
Return of Security Deposit
A potential landlord took a security deposit from us and a lease contract was signed for 1 year. Before we could pay the first months rent to move in, the potential landlords had second thoughts on renting to a young adult and disabled person. They said they ripped up the contract and returned half of the deposit.
Since they are the ones who had second thoughts, and the tenants never moved in, shouldn't the whole deposit be returned. They are saying we should be happy with this because they may not be able to re-rent before the 1st.
2 Answers from Attorneys
Re: Return of Security Deposit
This is wacky! Of course the Landlord must return at least the full security deposit.
The only explanation is that the landlord believes that some of the information you provided is inaccurate and therefore you are guilty of fraud. This would change the situation, but you are still in a good position to reclaim the full amount even if this is true.
If it is not true, you can file a lawsuit for 3 times the amount of the unpaid portion of the deposit.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Return of Security Deposit
Unless there is somethin you are laeving out, you are of course entitled to get your security deposit back, and possibly more if you sustained financial damages that were foreseeable as a result of this siutation. If you'd like to discuss it I'd be happy to talk to you about the situation.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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