Can a landlord of a rent stabilized apartment demand a full month deposit after signing a renewal lease, when none was required for the original lease?
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Can a landlord of a rent stabilized apartment demand a full month deposit after signing a renewal lease, when none was required for the original lease?
My boyfriend inherited a rent stabilized apartment (LIHTC) from his father after going to court 2 1/2 years ago. When he signed the lease under his name he was not required to provide a deposit, we assumed they transferred the deposit from his father’s. He renewed his lease this February for an additional 2 years. Then 4 months ago the office notified him he needed to pay a deposit of 1 months rent. Due to unemployment he has not been able to pay the deposit and now has a demand for rent statement. What should he do?
Asked on July 22, 2011 New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The apartment that your boyfriend inherited the lease from is subject to rent control. The lease was in his father's name and apparently the father was required to pay a deposit under the lease. What happened to the father's deposit for the apartment? Does the landlord have the deposit still or was the deposit given to the estate of the deceased father by the landlord?
If the landlord still has the deposit for the apartment, I do not see the reason for an additional deposit unless the lease and rent control rules require more of a deposit. If the deposit was transferred to the father's estate, I see why the landlord would want the deposit from a new tenant.
Perhaps meeting with rent control on the subject will help further.
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