After renting a unit for nearly a decade (and never paying rent late), we recently had to break our lease 3 months early because we were selected for an affordable housing lottery unit. We gave the landlord nearly 2 months notice and paid our rent in advance in good faith (rather than witholding it, which is perhaps what we should have done). We vacated the unit and turned in our keys, and the new tenant moved in within days. We got out with our rent paid up, and the landlord got a new tenant. However, our landlord has now refused to return our security deposit, citing the need to replace the stove because the oven window was "greasy," and witholding the remainder as liquidated damages. I have two questions:
1) Our lease states that "Tenant agrees to forfeit security deposit if for any reason whatsovever tenant terminates the lease prior to its expiration date." Is this clause actually enforceable? Assuming that there are no damages (stove aside for now) and there is no unpaid rent, doesn't this represent liquidated damages as an unenforceable penalty under NY law?
2) Is it ever the case that grease/darkening on the window of an oven counts as anything but normal wear and tear (particularly over a decade)? The stove is otherwise spotless.