Legal Question in Real Estate Law in New York

breach of lease/return of security deposit

My tenant signed a one year lease and subsequently broke that lease with about two months remaining. The tenant only gave us one month notice prior to leaving. Even though we rented the place out to another tenant almost immediately. are we obligated to return the security deposit of the previous tenant?


Asked on 5/15/00, 1:19 pm

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: breach of lease/return of security deposit

You may retain the security deposit for the tenant's breach of the lease. You may also seek to require the tenant to pay for the additional two months rent which he is obligated by the lease term, reduced by the amount of rent from the new tenant. You may also seek reasonable attorney's fees and court costs necessary to enfoce the provisions of the lease.

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Answered on 7/03/00, 8:40 pm


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