Legal Question in Landlord & Tenant Law in New York

Security Deposit

I recently moved out of an apartment after one month living there. I moved in on 8/27/07. The lease I signed was month by month for 550 dollars per month, however I have it in an email that she gave me the week of 8/27-8/31 as a ''gift''. After I had moved out the landlord sent my deposit back, but it was short 130 dollars (stating she now charged me for that week). Is this legal? What can I do to get that money back?


Asked on 10/29/07, 3:46 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Security Deposit

This is an open question. If you bring this to small claims court, it could come out either way.

If i were the judge, i would find that the 'gift' was an incentive for you to become a regular, paying tenant and not a real gift. In leaving I would find that the landlord did not receive the benefit and therefore you should not receive your 'gift', unless you could show that you left the apt because there was a problem with the apartment.

On the other hand, someone else could find the free 'gift' was an incentive to move in and start paying rent. ASfter that, it was up to the landlord to keep you in the apartment. Since you did move in and pay 1 month rent, you gave the landlord all of the benefit that you promised and get to keep the 'gift' that you were promised.

Good luck.

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Answered on 10/29/07, 4:28 pm


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