Legal Question in Real Estate Law in New York

broken tenant/landlord contract

new tenant signed rental contract stating in order to receive Deposit back all points in contract must be adhered to. 60 day notice to leave apt is in contract. Tenant gave 45 day notice to leave. Do I have to give deposit back?


Asked on 12/04/06, 6:26 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: broken tenant/landlord contract

Probably not till he takes you to Small Claims Court. You have a responsibility to mitigate your damages. You must try to find a suitable Tenant.

Suggest you negotiate a partial return of the deposit.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 12/05/06, 4:53 pm


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