Legal Question in Landlord & Tenant Law in New York

security deposit

1. My tenant currently has a month-to-month lease. The apartment is on market now. Per our lease agreement Landlord may show the apartment to possible buyers(at reasonable hours).I am out of state. My tenant failes to

cooperate with my broker.

2. On Janury 15 I sent(cirtified mail) to my tenant written notice of termination with 30 days prior notice and asked him to vacate the apartment on February 28.

He sent me a check - February payment.I have not deposit it yet. My broker explained if I accept this check the tenant supposed to vacate the apartment only on March 31.

Per my understanding security depost is not considered as a monthly payment. It is like a damage security... will be

returned after inspection.

Thanks, for your response and for your time.


Asked on 2/10/06, 11:43 am

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

Re: security deposit

If you accept the check you create a new monthly tenancy period and will not be able to vactate the tenant prior to March 31.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 2/13/06, 9:39 am


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