Legal Question in Real Estate Law in New York

security deposit

Landlord promised verbally to return security deposit within 30 days after tenant move out. But if new tenant cannot move in on the 1st of the month or landlord cannot deliver apartment to new tenant because they haven't finished fixing up the apartment, they'll apply the security deposit to the days apartment is vacant. Is this legal? Isn't security deposit supposed to cover only damages in the apartment and not for rent? Please advise.


Asked on 6/04/02, 9:03 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: security deposit

Unless you terminated your lease earlier than its normal expiration, you have no responsibility to the landlord for absence of vacancy after your lease terminated, and the full security less any repair for damage costs should have been returned. However, if you cut your lease short, you could be responsible for vacancy until the earlier of re-renting or the normal termination of your lease.

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Answered on 6/04/02, 11:29 am
David Slater David P. Slater, Esq.

Re: security deposit

If you vacated the apartment prior to lease expiration you are still responsible for rent due unless you received a written release. If security deposit covers the amount of rent due logically he will use that instead of suing you.

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Answered on 6/04/02, 9:14 am


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