Legal Question in Real Estate Law in New York

My ex-landlord is holding my security deposit

The lease on the apartment I was renting expired in May. My roommate decided to stay in the appartment, and he signed a new lease with a different roommate. The landlord told me that I am not responsible for any damages and am entitled to a full return of my security deposit. However, they told me that they have not recieved a security deposit from the new tennant so they are holding mine until he pays them. Since my lease that I signed is expired and I have nothing to do with the new lease, is this legal? If so, why does the fact that the new tennant has not paid a security deposit have any bearing on me and the return of my deposit.


Asked on 9/17/02, 11:34 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: My ex-landlord is holding my security deposit

You are correct. When the landlord accepted a new lease and released you from further liability under the old lease, he was obligated to return your security deposit. He cannot hold your security until it is replaced. You should write him, certified mail, and demad the return of your security. If he refuses, you can sue him and get it returned.

Read more
Answered on 9/17/02, 11:48 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York