Posted by Lilly Thall on January 09, 1999 at 15:56:52:
In Reply to: Security Deposit posted by Kathleen on January 04, 1999 at 22:47:16:
: Ok, for the Esqs out there. I keep hearing that you should NOT pay your last months rent and use your security as your last month's rent. I myself once had to HAUL (and I mean HAUL) some scum landlord into small claims court to have my security returned, and it took 3 LONG months before I saw a dime of it. But my question to all the lawyers out there, is it LEGAL???. How about in owner-occupied, two family homes, in NYC, with NO lease, that doesn't SPECIFY how the "deposit", "security" is used?????????
"Legal" is a loaded term. It may not conform to the provisions of your lease, but it's not a crime. Taking this action keeps the money in your ppocket and forces the LL to come after you if he feels he has cause. Some do. Tenants are responsible for rent for the term of the lease and any real damages beyond wear and tear, but tenants are also entitled to a swift return of the deposit, to have services and maintenance, to have interest on the deposit, and to get this without LL's making up imaginary damages.
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