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Posted by me on October 19, 2001 at 17:30:18:

In Reply to: legal advice posted by steve on October 19, 2001 at 11:40:21:

First of all this is NOT repeat NOT legal advice. I am not a lawyer. This is not a place for legal advice.

That being said -- sure, he is obviously not wanting to give you your deposit back. You can give him tenants. Fine. He has no excuse. Continue to act responsibly. Do not withhold the last month rent. Sue if he doesnt give you back your security deposit. I think you can get treble damages. Inform him in writing, certified mail return receipt, about the tenants you can give him--their names, etc. You'll have an ironclad case.
Again, not legal advice--just a suggestion from a layman.

: I have currently been in my apartment (which is rent stabilized) for over 4 years now. I resigned my lease until 2003 a few months ago but now need to move out by 12/1. I contacted my landlord approximately 2 months prior to my needed move out date. I told him I can either sublet the apt. for the remainder of the lease or if he wants to turn it over completely - fine.

: I told him I have several people willing to either sublet or take over my apartment. Not surprisingly, he wants to turn over the lease. He is also saying that he doesn't know if he can get new tenants in by 12/1 and will not take my list of potential tenants (he wants to do it on his own and with a broker). When I asked about my security deposit he said it depends if a tenant will move in on 12/1.

: Here's my question(s):

: If I have given him almost 2 months notice AND have offered to occupy the apartment on 12/1 (by either sublease or new lease), can he legally refuse to give me my security deposit back at the end of November? He's obviosly trying to NOT give it back.

: Also, how can I go about getting something in writing from him that will give me security to break the lease and get my security deposit back?

: Finally, because he is trying NOT to give me my security deposit back, can I legally not pay the November rent and have him apply my security deposit to the last months rent?

: Please help! Thank you!

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Comments:
: First of all this is NOT repeat NOT legal advice. I am not a lawyer. This is not a place for legal advice.

: That being said -- sure, he is obviously not wanting to give you your deposit back. You can give him tenants. Fine. He has no excuse. Continue to act responsibly. Do not withhold the last month rent. Sue if he doesnt give you back your security deposit. I think you can get treble damages. Inform him in writing, certified mail return receipt, about the tenants you can give him--their names, etc. You'll have an ironclad case.
: Again, not legal advice--just a suggestion from a layman.

: 
: : I have currently been in my apartment (which is rent stabilized) for over 4 years now.  I resigned my lease until 2003 a few months ago but now need to move out by 12/1.  I contacted my landlord approximately 2 months prior to my needed move out date.  I told him I can either sublet the apt. for the remainder of the lease or if he wants to turn it over completely - fine.

: : I told him I have several people willing to either sublet or take over my apartment.  Not surprisingly, he wants to turn over the lease.  He is also saying that he doesn't know if he can get new tenants in by 12/1 and will not take my list of potential tenants (he wants to do it on his own and with a broker).  When I asked about my security deposit he said it depends if a tenant will move in on 12/1.

: : Here's my question(s):

: : If I have given him almost 2 months notice AND have offered to occupy the apartment on 12/1 (by either sublease or new lease), can he legally refuse to give me my security deposit back at the end of November?  He's obviosly trying to NOT give it back.

: : Also, how can I go about getting something in writing from him that will give me security to break the lease and get my security deposit back?

: : Finally, because he is trying NOT to give me my security deposit back, can I legally not pay the November rent and have him apply my security deposit to the last months rent?

: : Please help!  Thank you! 


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