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

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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

Answers:

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

Answered 12 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, http://attorneypages.com

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.


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