What can I do if my security deposit is not being refunded?

UPDATED: Aug 30, 2019

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What can I do if my security deposit is not being refunded?

I signed a lease for an apartment with

Asked on August 30, 2019 under Real Estate Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, when B bought the property, they bought it subject to the lease with prior owner, A: so the leases carried over, and both parties, new owner B and the tenant, are bound by the lease. If  the tenant terminated the lease without providing the required notice, then the tenant would be responsible or liable for rent for the whole notice period (the length of time he/she should have provided notice); if that amount of rent equals or exceeds the security deposit (either in and of itself, or together with any other amounts, such as as costs for damage or repairs, owed the landlord), the landlord does not have to return any part of the deposit.
It doesn't matter if the reason why you could not provide adequate notice was "certain life events": that is not the landlord's responsibility or fault, and is not a defense to your obligations under the lease.


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