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Posted by gary on May 06, 2001 at 10:51:57:

In Reply to: deposit toward last month rent posted by brenda sellers on May 03, 2001 at 01:24:11:

: 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.

I don't think the world will fall in on you if you witthold rent, at least not in New York. Still, if the place is in good shape you should definitely pay the last month rent, document the condition of the apartment, and move away. If all is fine and the landlord is not a crook, you will get back all the deposit. If not, you have approx. a year to sue for the difference and get treble damages, in many jurisdictions, if you win.

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Comments:
: : 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. 

: I don't think the world will fall in on you if you witthold rent, at least not in New York.  Still, if the place is in good shape you should definitely pay the last month rent, document the condition of the apartment, and move away. If all is fine and the landlord is not a crook, you will get back all the deposit. If not, you have approx. a year to sue for the difference and get treble damages, in many jurisdictions, if you win. 


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