Legal Question in Landlord & Tenant Law in New York

returning security when lease broken

Tenants signed one year lease. They paid one month security.They moved out two months later giving two weeks notice. Apartment was rerented right away. Landlord had to advertise apartment again. Landlord also paid to have gas dryer line installed for tenant that broke lease. Does landlord have to give security back. Landlord also lost time from work to show apartment to prospective tenants. Tenants stated they were moving because landlord smoked upstairs even though they were aware of this prior to signing lease.


Asked on 1/17/04, 10:08 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: returning security when lease broken

It's unlikely that a court would require a landlord to give back a security deposit under the circumstances you describe. In fact a judge might find a tenant liable for damages to the landlord as a result of his lost earnings, advertising and cleaning costs.

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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Answered on 1/19/04, 10:39 am


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