How canI get my security deposit back?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How canI get my security deposit back?

My landlord is renting his house illegally. He refused to sign lease, now I want to move out but he refuses to return my security deposit. What should I do?

Asked on April 11, 2011 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

He has to provide your security deposit--he has no other options--IF you do not violate your lease, including oral or verbal lease. A landlord may only withhold a security deposit for (1) unpaid rent, after a tenant moves out; or (2) to pay for repairs to the premises caused by the tenant's actions.

Assuming you have not damaged the house, as long as you do not owe unpaid rent when you move out, you must get your security deposit back. If there is no written lease, then you are renting pursuant to an oral or verbal lease; that means you are a month-to-month tenant, and you can terminate your tenancy on 1 month's notice. So a  month-to-month tenant could provide 1 month's notice, then move out; if the landlord does not return the deposit, the tenant could sue for its recover, and possibly for additional compensation, too.


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 lock Secured with SHA-256 Encryption