What can I do if my landlord will not return my security deposit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my landlord will not return my security deposit?
I had moved into an apartment 10 months ago and it was found to be illegal. I was informed of this 6 weeks ago and was then told that I had to vacate the apartment by the end of last month. My landlord is saying that he is using the security deposit for the last month’s rent . Can he do this? T here is alot more to this story but they don’t give enough space to go into everything.
Asked on June 13, 2015 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Did you pay your last month's rent? If you did not, the landlord is allowed to apply the security deposit to the amount you owe for the rent--paying unpaid rent when the tenant moves out is one of the purposes for a security deposit. If you did pay your last months' rent, then the landlord may not take it out of the security deposit as well, since then he'd be paid the rent twice. In this case, he could only withhold the deposit if you (or your family or guests) caused damage to the unit, in which case he could hold onto an amount of the deposit equal to the cost to repair the damage.
If there was no unpaid rent and no damage, you should have received the deposit back. If you did not, you may sue the landlord, such as in small claims court (e.g. acting as your own attorney, or "pro se") to recover the money.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.