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Terminating verbal lease early/recovering security deposit

Posted by Chris on March 18, 2001 at 20:20:58:


My question is similar to natasha's (the previous post on the forum) but with a few differences. I lived in a 2 bedroom, non-rent controlled/stablized New York City apartment for the past year and a half. For the first year we had a written lease but at renewal time I made a verbal agreement with my landlord to stay on for another year. After six months my living situation changed and I asked my landlord if it would be possible to terminate the verbal agreement early. He said "no problem" and agreed to return our deposit when we moved out. We had given him a month's notice, give or take a few days. Unfortunately we didn't get this agreement in writing either.

When our landlord was unable to rent the apartment for the month after we moved out he told us he wanted to keep half the deposit because we had decided to break our verbal lease agreement. Is this legal? Also, how would you recommend I go about recouping the entire deposit?



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