Legal Question in Real Estate Law in New York

Does the definition of security deposit override lease terms?

Our tenants broke the lease. They justified it based on a clause that stated that they must give 60 days written notice. There was no written notice. Under ''security'' in the contract there is only reference to damages and condition of the house. Can we keep the security deposit to cover losses as a result of them breaking the lease? Did they break the lease?


Asked on 7/15/02, 10:50 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Does the definition of security deposit override lease terms?

When there is no written lease agreement the tenant is "month to month". Both the landlord and the tenant have the option of terminating the tenancy with a thirty day notice.

Security is held if the tenant either breaks the lease or damages the property. If the tenant terminated the lease properly and caused no damage to the property, it is the Landlord's duty to return the security.

Mike.

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Answered on 7/16/02, 9:12 am


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