Posted by courtwatcher on May 03, 2001 at 18:38:55:
In Reply to: Re: deposit toward last month rent posted by Ace on May 03, 2001 at 08:50:45:
Technically in NY security deposit should not be used for "fixing whatever wear and tear has been done"; wear and tear is covered through the profit margin of the rent. Security more correctly could be used to repair something damaged in a bigger way. If there is no damage beyond normal "wear and tear", then the entire security (plus interest) should be returned after the LL has inspected the premises.
: The security deposit is not the last month's rent. It's not a good idea to have security be used as last month's rent as the security is normally used for fixing whatever wear and tear has been done to the apartment. Plus the LL can turn around and take you to court for non-payment. And what if you need this LL's reference for the next place you rent?
: You don't mention if you are in New York City or if you are rent stabilized, controlled, market rate, etc. This would help to pin down some more detailed information in the answer for you.
: : our lease is up june 1 and we now have may rent due, our question is can we the tenants lawful applied our deposit towards our last months rent.
: : we rent a place and deposit is the same. we have informed our landlord of air condition problems that has been going on 2 months now. also we have been having septic tank problems since we moved in, landlord supposely fixed septic problem but in process has left the sewer lines and the septic tank uncovered has been almost 3 weeks now. what legal recourse do we have with all of these problems. we have paid all rent on time and all bills incurred with this property since we moved in 12 months next month. we have had continuing problems with sewer back up in the house and have informed landlord of all problems. we are at a lose as to what legal grounds we have.
: : thank you for any and all help
: : Brenda Sellers
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