Can a landlord keep my security deposit after an eviction that granted him possession only of dwelling because that is all that he requested?

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Can a landlord keep my security deposit after an eviction that granted him possession only of dwelling because that is all that he requested?

Asked on November 26, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was any rent which you did not pay prior to or up to the date of eviction, any other fees or costs you were responsible for (including potentially, depending on what, exactly, the lease says, legal fees, court costs, late fees, etc.) which you did not pay, and/or any damage you did to the dwelling, the landlord may keep such portion of the security deposit as will offset or pay for these costs.


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