What to do about getting a credit for my security deposit regarding an extended stay?

My lease ended 6 weeks ago. Through a verbal agreement they allowed me to stay until the iddle of last month. I was informed I could use my security deposit toward the extended stay. Now they are telling me in the lease I signed but which expired stated that I cannot use my deposit as a credit towards rent and they will not give me back any money and are now charging me rent.

Asked on November 9, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The problem that you are with stems from the fact that you failed to get the subsequent agreement as to the extended stay in writing signed by the landlord and yourself.

I suggest that you write the landlord a letter memorializing the subsequent agreement as to the use of your security deposit as a credit for rent keeping a copy of the letter for future use.

As to any money due you as the result of the move out, I would request its return by a certain date. If not returned by then, your option would be small claims court to get its return. Good luck.

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