Legal Question in Real Estate Law in New York

security deposits/non payment

In New York, the security deposit is just that--it is given to the landlord for the purpose of repairs, etc.AFTER you leave the premises. Unless the landlord agreed otherwise.It is unlikely that your landlord will apply the security depositto your arrears. However, if he does get a money judgmentagainst you for the 3 months arrears, and you areevicted, he would be able to apply any remainingdeposit (after any necessary repairs) towards that judgment.In other words, he is not required to use the depostitowards rent until after you are out.Your best bet is to try and negotiate some deal w/the landlord. Maybe s/he would be willing to apply oneof the months security towards your debt, and youcould try to pay off the arrears.If you qualify, there are a number of rent assistanceprograms available, from a "one shot deal" to clear your present arrears, to state subsidized payments ona monthly basis. You can get more information aboutthese programs from the courthouse.If you cannot afford an attorney, you may requesta legal aid attorney at you courtdate.Good Luck.