Woodland Hills, CA asked in Landlord - Tenant and Real Estate Law for New York

Q: Landlord keeping deposits?

I recently moved away from New York, and broke my lease at my apartment by doing so. My landlord is keeping my security +last month's rent deposits. However, I was required to continue to pay rent for the two months before he found a new tenant (who he wanted to pay a higher rent, which made it difficult for me to find my own replacement). Now he's claiming that he had to use my deposits to pay broker's fees, even though we can't find any evidence that he used a broker, and I highly doubt any fee would have cost the amount of my combined deposits. He essentially profited off the situation with my deposits and a higher-rent tenant, and lost nothing. Do I have any recourse here?

2 Lawyer Answers

Sharon M. Siegel

  • New York, NY
  • Licensed in New York

A: You can bring a small claims case. The terms of your lease will govern.

Barry Eran Janay

  • Landlord Tenant Lawyer
  • Montclair, NJ
  • Licensed in New York

A: It sounds to me like you need to either get a demand letter out to him or to start an action for the return of the deposit in Landlord & Tenant court, feel free to email me if you have any further questions.


