What to do if I transfered to a new unit in my apartment complex and in doing so, I learned that seurity deposits are no longer required but I can’t get mine back?

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What to do if I transfered to a new unit in my apartment complex and in doing so, I learned that seurity deposits are no longer required but I can’t get mine back?

I thought I would get mine back when I moved out but I found out today that I not entitled to have it back until I move out completely. Does this seem right?

Asked on December 11, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A landlord is not obligated to return a security deposit until the tenancy is over. Your tenancy is not over: you still living in the  premises, even if you changed units; therefore, the landlord does not need to return your deposit. It does not matter if the policy about deposits for new tenants has changed.


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