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Breaking a Rent Stabilized Lease - Security Deposit?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Breaking a Rent Stabilized Lease - Security Deposit?

Postby solnorbert » Tue Nov 23, 2021 6:56 pm

Hello,

I am trying to end my rent stabilized lease three months early. I've read some of the replies on the forum and I understand the landlord's obligation to mitigate damages by making an effort to rent out the unit and my obligation to pay for damages that are incurred during the vacancy.

My question is regarding the security deposit - would I still be able to go through the normal process of scheduling a walkthrough when I leave and getting the deposit minus any damages back? Or do I give up my right to the deposit because I left early? Does anyone have experience with this?

Thanks in advance
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Re: Breaking a Rent Stabilized Lease - Security Deposit?

Postby TenantNet » Tue Nov 23, 2021 10:18 pm

"damages that are incurred during the vacancy" -- do you mean physical damages? If so, I would not agree with that. Once you return possession to the LL, physical damages are not your problem. Possession transfers when you return the keys, but get them to acknowledge that on paper (or a recording or photo). I would record any conversation with a smartphone.

If you mean lost rent, then that's the purpose of the changes from the HPTSA 2019 law. Download Part 1 from viewtopic.php?f=24&t=13981

Also check the reference section of the forum at http://tenant.net/phpBB3/viewforum.php?f=15

and search the forum; this has been discussed MANY times.

Also see this article - just out today:
https://therealdeal.com/2021/11/23/city ... -breakers/

As for moving out, take many photos, have a witness and yes, schedule a walk-through. Don't let the LL claim things that are not real damages, but are regular wear and tear (i.e., painting, rug wear, small nail holes for hanging photos on walls, etc.)

But be prepared for the LL to claim you've forfeited the deposit by leaving early. To be honest, I don't know if they can (legally) do that, but some might see that as reasonable. OTOH, if you are on reasonably good terms with the LL, they might be OK with your leaving without a penalty or by not returning the deposit.
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