Question about oil burner level on house

[exny2003]

We rented a house with its own oil burner. In mid-April, we gave notice that we were ending the rental agreement. In early June, the LL and his third-party agent toured the premise.

At that time, they requested that yard be mowed. We complied, no problem. No other requestes were made at that time or subsequent to our move out date.

On June 22, we went through the check out process with LL. At that time and for the first time, the LL required us to have the oil tank filled before he would returned the security deposit.

LL lived at the house prior to our occupancy. LL claims to have left us a full oil tank when we began occupancy.

Does he have a legal right to with hold our security deposit until we fill his oil burner for his new occupants?

[exny2003]

Fred and Me Again, thanks for the response. We had a lease from May 30, 2002 to June 1, 2003. The lease did NOT mention a full oil burner as condition of check out. From June 1 to June 22, 2003, we operated on as rentee/rentor. I do not think New York state law requires a full tank of heating oil as lawful deduction of security deposit or as a condition to get the security deposit return.

Unfortunately, we have moved on to other, bigger problems with the ex-landlord. :p