What is the rule regarding security deposits when you are not renewing an apartment at the end of a lease term and have a roommate who wants to renew?

I am currently renting an apartment with my partner; the lease will be ending in May. I will be moving out of the apartment and she will be renewing the lease. When the lease started, we both paid $1200 for the security deposit which was a total of $2400. When the lease ends in May and she renews for another year, what rights do I have to my half of the security

deposit at the end of the lease term in May?

Asked on March 10, 2019 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If one of you is staying and the other going, the lease is not being "renewed"--renewed means it is the same lease, among the exact same parties, being extended. Rather, when the existing lease ends, a lease which is among three parties (you, her, and the landlord), she will be entering into a new lease with different parties (i.e. you will not be on it). That means that current tenancy is ending and she will begin a new tenancy. That in turn means that the security deposit should be returned and your partner will provide a new deposit for her new tenancy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.