QUESTION

Can my landlord use my security if he does not find a tenant after I leave?

Asked on Nov 05th, 2012 on Landlord and Tenant Law - New York
More details to this question:
Our landlord told us he would let us out of our lease as long as we gave him 2 months notice. We gave him two months notice and he came back stating that if he could not rent the apartment before we left, he would keep our security because the holidays is a hard time to find someone to rent and he needed the money. Can he do that?
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3 ANSWERS

Business Law Attorney serving Livonia, MI at Gerald A. Bagazinski
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He cannot do that. But beware, what does your lease say. Be sure to do the closing inventory and provide him with a notice of forwarding address before you close. I
Answered on Nov 09th, 2012 at 5:53 AM

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Civil Litigation Attorney serving Federal Way, WA at Stasch Law LLC
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A security deposit is just that, security for potential damage to the premises. The landlord cannot keep it for rent.
Answered on Nov 08th, 2012 at 2:34 AM

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John J. Carney
A landlord cannot use the security deposit for rent and must return it unless there are damages to the apartment.
Answered on Nov 06th, 2012 at 10:17 PM

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