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Re: Security Deposit?

Posted by DK on January 12, 1999 at 12:15:33:

In Reply to: Security Deposit? posted by Pat Seguin on January 11, 1999 at 21:53:41:

The lawyers will always tell you the same thing: The rent is due on the first of the month and a security deposit is just what it says-a deposit that you are supposed to get back after you move out without any damage. If you live in New York City and you do not pay your rent on time, all the landlord can do is bring you to court because you haven't paid the rent. By the time the court hears the case, you will have moved out and presumably you would be entitled to the refund of your security deposit. Theoretically, you could also be charged for the landlord's attorneys' fees, but few judges in New York City would actually do that.

So, you have the landlord over a barrel. Although the landlord is entitled to the last month's rent on the first, it is not worth the landlord's bother to sue you about it.

: I'm moving out of my current apartment on Feb 6th and gave my landlady more than 30 days notice. However, knowing that I would never see my security deposit again, I told her in my letter than I wished to consider my security deposit as last month's rent. I've been on a month-to-month basis for a little over two years and the landlady is quoted telling the person downstairs that I'm the best tenant she ever had. In any case, I got an angry phone call today saying that she wanted the rent and that I would get my security deposit back when I move out. Being that my move-out date is only a few weeks away, I suspect she won't return my security deposit. I know there is a similar post but I just wanted a little more clarification on the matter. I believe I am legally justified in using MY money for the last month's rent. There is absolutely no damage to the apartment and she knows it because she inspected it less than a year ago when I considered moving. To me, it seems ludicrous to fork over $325 which would, theoretically, just be returned a few weeks later. Any opinions on this matter? Any lawyers possibly? Please e-mail me.

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