3 months security deposit illegal?

[jiggymaureen]

I talked to the landlord and he has agreed to sign a new lease with me now that that psycho lady has moved out. He told me that because my guarantor is out of state (I'm a student) that he will have to take 3 months security deposit.

I sign the lease tomorrow and am expected to supply first months rent and a 3 month deposit.

Upon looking around this site some more, it seems that a LL cannot take more than one month security deposit for a rent stabilized apartment. So my question is, if I bring this up before I sign the lease, can he refuse to grant the lease thus leaving me homeless since I already live here? What I'm wondering is the best approach to this.

My current thought is that I will supply what he is asking for and then after my lease takes effect October 1st, I will inform him what I have found about the one month security stuff and ask that the extra 2 months I paid be used for my Nov. and Dec. rent. Will this be a problem? Am I misunderstanding the FAQ's on security deposits?

[Phil Cohen]

Not sure of the history of this thing. Are you on the old lease.
If not, sign the new lease, pay the illegal extortion money, and deduct it from the rent.

[jiggymaureen]

Nope. It's a new lease. I was the roommate here when the old tenant broke her lease and moved out. So I'm signing a lease with them for the first time.

But am I correct that they cannot ask for more than one months rent? Even with the out-of-state guarantor thing?

[Phil Cohen]

If it is rent stabilized they CANNOT charge more than a month. Period. Probably non-rent stabilized too, but definitely true for rent stabilized.
May be all kinds of weapons you can turn on that rat for doing this. DHCR actions, etc. Have fun.

[Cranky Tenant]

Your LL must believe your Guarantor has deep pickets,

DHCR has a form, RA-89, for specific overcharges like demanding three months secutiry. This is the process that may allow you to collect treble damages. Once you have a signed lease in hand you can begin filing your complaint.

[Mr Gray]

If it is rent stabilized they CANNOT charge more than a month. Period. Probably non-rent stabilized too, but definitely true for rent stabilized.

If it's not rent stabalized it's a common practice.

Students, folks with brand new jobs, folks that need guarantors (esp. out of state) or questionable credit should expect to pay extra security and/or last months rent to obtain an apartment (Prime leases only).

It's hardly happening right now only because there are so many empty apartments sitting around.

Make sure it's a rent stabalized lease and don't mention a thing until you sign it and then get your copy back signed by the LL.

Then, follow the advice of those above.

[jiggymaureen]

Thanks to all of you for the help. It IS a rent-stabalized apartment and lease. So as soon as it officially kicks in on October 1st, I'll be contacting him about the overcharges. Thanks again.