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
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 E. Janay
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Livingston, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.