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Landlord refuses to return deposit on art studio rental

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Landlord refuses to return deposit on art studio rental

Postby mystery665 » Tue Jul 03, 2012 9:37 am

Hi,
I'm a tenant in an art studio (work, no living) in Long Island City, Queens and have served my year long lease. Upon moving out of my studio, my landlord informed me that my security deposit was "non-refundable" as was stated in the fine print on the lease. She stated that this had nothing to do with damage to the studio (there was none) or any other violation of the lease, just that it was "non-refundable". I've never heard of a "non-refundable" security deposit, and clearly missed this on the lease, otherwise I would've never have signed. I'd like to know if this is legal, and if not, what my course of action should be.
Thank you,
Jessica

PS Additional information: the building is not up to code, and the landlord routinely admits this and consistently warned us not to let the FDNY, or any other inspectors into the building.
Thank you.
mystery665
 
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Postby TenantNet » Tue Jul 03, 2012 10:13 am

You imply this is a commercial rental, not residential. Of course this website is for residential tenants.

A non-refundable deposit is a contradiction of terms, but then again, commercial leases might have various provisions that would otherwise be illegal and unenforceable for residential tenancies. I don't think it's legal, but can't say for certain.

As for the FDNY, assuming you know of various conditions that could result in violations, you could let the LL know you can't help yourself in reporting items that, if not corrected, could be used to manufacture false damages. And even if he does return the deposit, I'd report them anyway so the next tenant doesn't suffer.
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