Q: Can a sublandlord refuse to return security deposit and prorated month's rent if failure to sign a lease occurs?
I recently agreed to sublet an apartment from a sublandlord for the summer dates May 20th - July 31st. I provided an $800 security deposit before the move-in date. When I moved in on May 20th, I paid a prorated rent of $324 for the rest of May and then also paid my June rent on the 1st of $800. No lease or rental agreement had been provided though we agreed that it would be needed. I Airbnbed the apartment for a weekend and had the intent to do some on weekends that I would be away to help pay rent. I did not ask the sublandlord if I could do because I assumed that I could. The sublandlord provided a lease agreement on June 4th that stated Airbnbing would not be allowed (given that she had known I was Airbnbing it for the period). I said okay and that I would have to find someplace else and moved out on June 5th. I expected to receive my security deposit and prorated rent of $666.67 (rest of June rent) back, but the sublandlord is refusing. Is this allowed?
A: Absent an agreement between the parties, NY does not generally provide for prorated monthly rent. If you agree and move into an apartment, you can certainly move before the end of the month but that action does not mean the
A: No, unless you or someone you AB&Bed it to damaged the apartment to the tune of $800. Sue the landlord in small claims court for the $800. You have a good chance of prevailing. The landlord May argue you breached a term of the lease (oral or written); however, this defense will be difficult for the landlord to prove unless you ended up signing the lease AND the lease indicated you give you your security deposit if you break it. Otherwise, they cannot keep the security deposit unless you damaged the apartment ... even then they will have to prove by a preponderance of the evidence that you caused $800 or more in damage
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