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TenantNet Forum Archives 1996-2002
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CAN I USE MY SECURITY AS LAST MONTHS RENT?

Posted by harry on July 16, 1997 at 20:23:59:

in june, i told my property manager that i was not going to renew my lease
that ended june 30, 1997, but that i wanted to stay until the end of august.
he said that it shouldn't be a problem, but that he'd get back to me.

he never got back to me, except to send me a letter that he wanted me to
sign saying that i would be vacating at the end of june. i didn't sign.

since i heard from one neighbor in the building that the landlord gave a
former tenant a hard time getting back her security, i figured that i would
use the two months security that he had as july and august's rent. when july
came, i mailed my landlord the difference of 1 months rent minus one month
security (645-575=$70). on july 9, the property manager came and gave me a
notice of petition and hearing to recover all of july's rent and the
apartment. the hearing was last night, july 15. the judge said that i
could not use my security as rent and that i should remit the full rent
by three days. when i asked what guarantee do i have that i would get my
security back, he said that i should trust my landlord.

what can i do? do i have to pay july and august rent and trust in getting
my security back? do i have any other recourse? what are the consequences
of not paying july (and august's rent) and letting them keep my security?

help! (i need to decide what to do by friday)

harry
nyack,ny

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