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Landlord won't return deposit

Posted by monica pa on December 06, 2001 at 18:39:42:

My apartment is in Brooklyn, rent stabilized, management Company is "Hands on Management." My roommate's name was on the lease, when our lease expired this month. She had moved to LA three months ago and it was just me living there. Last month, the rental agency said that I could stay in the apartment, and, with Roommate's permission, credit her deposit to my new deposit. When I went to sign the lease today, they said that they will not credit me the deposit and I will have to pay a new deposit because they are "doing me a big favor by not kicking me out, renovating the apartment, and charging me twice as much." They justify not returning the deposit to Kelly because she violated a term of the lease, not moving out and handing over the apartment to me. However, they are the ones handing me the apartment - she left the apartment vacant because they said I could move in.

This is my question:
1) are they letting me stay there as a favor, is there any obligation on their part to let me stay? I feel I cannot advocate strongly for my position because I still want them to rent to me (very cheap rent).

2) Is there any justification for them keeping her rent? and if not, practically, is there anything I can do about it because I am still trying to get a lease with them? I have already signed a check for this month's rent and the increased deposit?

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