Legal Question in Real Estate Law in New York
security deposit retrieval from landlord
Broke lease with proper notification.
Was instructed that as long as 30 day notice was submitted and last month rent paid, unit left in good condition security deposit would be returned in full within 60 days.
Have been trying to contact landlord with no reponse until two weeks ago and was then notified that the security deposit was forfeted since it took the landlord 1 month to rent out the unit and the security deposit was then applied to the extra month of rent.
1 Answer from Attorneys
Re: security deposit retrieval from landlord
Your landlord is incorrect. Your right to the deposit depends on your vacating the premises, not when he/she rents the unit again. However, this answer is based on a residence in a building that is 5 units or less when one does not have a lease. Your answer may be different if this was a commercial lease. It also depends, most importantly, on what the lease itself states. Sometimes when a tenant breaks a lease, the ARE responsible for the rent until the space is occupied.
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