Can a landlord of a rent stabilized apartment demand a full month deposit after signing a renewal lease, when none was required for the original lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord of a rent stabilized apartment demand a full month deposit after signing a renewal lease, when none was required for the original lease?

My boyfriend inherited a rent stabilized apartment (LIHTC) from his father after going to court 2 1/2 years ago. When he signed the lease under his name he was not required to provide a deposit, we assumed they transferred the deposit from his father’s. He renewed his lease this February for an additional 2 years. Then 4 months ago the office notified him he needed to pay a deposit of 1 months rent. Due to unemployment he has not been able to pay the deposit and now has a demand for rent statement. What should he do?

Asked on July 22, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The apartment that your boyfriend inherited the lease from is subject to rent control. The lease was in his father's name and apparently the father was required to pay a deposit under the lease. What happened to the father's deposit for the apartment? Does the landlord have the deposit still or was the deposit given to the estate of the deceased father by the landlord?

If the landlord still has the deposit for the apartment, I do not see the reason for an additional deposit unless the lease and rent control rules require more of a deposit. If the deposit was transferred to the father's estate, I see why the landlord would want the deposit from a new tenant.

Perhaps meeting with rent control on the subject will help further.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption