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Posted by TenantNet on February 20, 1999 at 19:59:40:

In Reply to: security deposit after lease break? posted by Todd on February 10, 1999 at 10:51:06:

: Recently I had to leave my apartment due to an explosion in the building which made it unlivable. I think its pretty clear that the lease is cancelled, but am I still entitled to get my security deposit back? The landlord says that once I broke the lease I can't have it back under any circumstance.

This could be an Act-of-God that might relieve the LL of his obligations to
you, but also the reverse. Your lease is not automatically cancelled, but
could be if you choose. In NYC in such situiations, some tenants continue
to pay $1.00 to maintain a landlord-tenant relationship if you wish to
return to the unit at the same rent. This could be constructive eviction
as well. Of course you are entitled to your security deposit unless the
owner has any separate and valid claims against it.

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Comments:
: : Recently I had to leave my apartment due to an explosion in the building which made it unlivable. I think its pretty clear that the lease is cancelled, but am I still entitled to get my security deposit back? The landlord says that once I broke the lease I can't have it back under any circumstance.

: This could be an Act-of-God that might relieve the LL of his obligations to
: you, but also the reverse. Your lease is not automatically cancelled, but
: could be if you choose. In NYC in such situiations, some tenants continue
: to pay $1.00 to maintain a landlord-tenant relationship if you wish to
: return to the unit at the same rent. This could be constructive eviction 
: as well. Of course you are entitled to your security deposit unless the
: owner has any separate and valid claims against it.


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