Legal Question in Landlord & Tenant Law in New York

Re: Security Deposit as last month's rent?

There are plenty of things you can do.

Inform the tenant that he does not have the right to cease paying rent. On the 5th day after the rent is due you may sue in court for the months rent. You will likely get a default judgment.

You can do several things with a default judgment (or any judgment). First: let him know you will report it yto the credit reporting agencies. What is that worth to him. If he has a career, you can have his wages garnished. (if he works at some McJob, this may not be possible because he can change jobs so often.

A judgment can be had and the money is collectable.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

Re: Security Deposit as last month's rent?

The tenant does not have a legal right to use the security deposit as payment for the last month's rent. That being said a $25 late fee per day sounds excessive. Unless you want to start a proceeding and sue (And prove) your damages I would chalk it up as a wash.

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.

Re: Security Deposit as last month's rent?

As a practical matter there is not much you can do other than starting a summary proceeding which takes alot of time. you should consider it however in case the tenant doesn't move out.

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