Legal Question in Real Estate Law in New York
Attorney James La Pann will not refund tenant $200 security deposit
Is a landlord (who happens to be an attorney) allowed to with-hold a security deposit if the tenant was not actually provided with an available appartment? What can she do? Can the attorney be disbarred?
Asked on 7/28/02, 12:54 pm
1 Answer from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Re: Attorney James La Pann will not refund tenant $200 security deposit
Providing these are the only facts, the landlord may not hold the security deposit if tyhe apartment was not rented to the prospective tenant. A simple, small claims suit to recover the deposit, which you can handle yourself, should get the money returned. Just because the landlord is an attorney may not lead to disbarment, although a complaint to the local ethics board may result in a reprimand.
Answered on 7/29/02, 9:46 am
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