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Requesting last month rent back

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Requesting last month rent back

Postby cheeseburger69 » Wed Aug 17, 2022 9:21 am

If a tenant has lived in a unit where the landlord took first, last, and security pre 2019, can the tenant ask for the last month's rent back that the landlord is currently holding under the same law? Or ask that it be applied to current month's rent?
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Re: Requesting last month rent back

Postby TenantNet » Wed Aug 17, 2022 9:50 am

Well first is, of course, the rent paid on taking possession. So that's not unexpected, right?

As for Security, LL's can hold one month. There are arguments that the amount of security a LL may retain is a specified dollar figure (not a month) as the dollar figure specified in the lease would not change, where a month's rent would increase over time. This depends on the language in the lease (and probably a good judge).

Last month's rent was common up to 2019. According to Lebovitz, the law covering this is General Obligations Law, section 7-108(1-a). The old law said that RS tenants were not required to deposit or advance more than one month's rent as security deposit; but there were no limits on security deposits or pre-paid rent for market tenants.

Now, I've notice you posted this in the RS section of the forum, but don't say if the unit is RS or not. If the LL took last month's rent and if the unit is RS, then in our view that is illegal and an overcharge. You should be able to just deduct it from the rent, or you can file a complaint with DHCR or withhold the rent and use it as a defense in a non-pay proceeding.

The new 2019 law says that tenants in RS and unregulated units may not be required to deposit more than 12 month's rent as a security deposit (doesn't really matter what they call it). It also abolished pre-paid rent advances. No more first and last month's rent accepted or required at beginning of tenancy.
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Re: Requesting last month rent back

Postby cheeseburger69 » Wed Aug 17, 2022 9:54 am

This is a RS unit that I moved into before the 2019 laws. So my question is, can I tell landlord I want my last month's rent that I gave them a check for returned to me or applied as a credit towards this month rent in light of the new rules.
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Re: Requesting last month rent back

Postby TenantNet » Wed Aug 17, 2022 10:05 am

You can ask, but I doubt that will be effective.

If RS, then they never could demand last month's rent. That's illegal. As I said, you can file a complaint or just deduct it, but be prepared for a pushback.
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Re: Requesting last month rent back

Postby cheeseburger69 » Wed Aug 17, 2022 10:11 am

Thanks for that info. I suppose I'll leave it be. Anyway, when I move out, it will be to my advantage since the last month payment I made years ago is much less than what my rent is now.
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