Can tenants’ lawyer make null and void $800 worth of late fees for late return of security by 5 days?

UPDATED: May 20, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 20, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can tenants’ lawyer make null and void $800 worth of late fees for late return of security by 5 days?

Tenant has owed us late payment fees from 2 years ago. She moved out end of this past march. left the place a mess and some things broken. her attorney says because we are late returnng security, this makes fees null and void and is threatening litigation. There is nothing in lease that speaks to this issue so what legal grounds? Thanks

Asked on May 20, 2009 under Real Estate Law, New York


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to talk to an attorney about this right away.  One place to find a qualified landlord-tenant lawyer is our website,

The tenant's lawyer might be wrong, or bluffing.  I'm not a New York lawyer, but I know that in some states, the late return of security doesn't wipe out valid charges against that security.  You need to bring all the records, and explain the unique facts of the case, to an attorney who does this kind of work in your area, for an accurate reading of your rights and responsibilities.

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 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 lock Secured with SHA-256 Encryption