Can my landlord keep security deposit for rent if the lease doesn’t say that I’m liable for it?

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Can my landlord keep security deposit for rent if the lease doesn’t say that I’m liable for it?

I signed 6 month lease. The lease says “This Agreement shall is for six months and shall commence on 12/01 and end on 05/31. Unless terminated. This Agreement shall be automatically renewed monthly. Either party may terminate this Agreement by giving written notice to the other at least 60 DAYS prior to the end of a calendar month.” The landlord gave us 60 days notice to vacate but he emailed that we could move out before with no additional costs/fees. After we moved out he says we owe him for rent for the 60 days and is keeping our security deposit for it.

Asked on August 22, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you hve written it appears that the landlord in writing waived certain terms and conditions within your writen lease for the unit you occupied where you are entitled to the return of your security deposit assuming there is not damage to the rental. I would write the landlord a note asking for the return of your security deposit by a set date. Keep a copy of the note for future reference and need. If the due date comes and goes, your recourse is small claims court.


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