Huntington Station, NY asked in Landlord - Tenant for New York

Q: I rented a house with another tenant. The security deposit (1 month's rent) was paid entirely by me.

The landlord asked us to leave, and the other tenant did not pay her half of the last month's rent. The landlord is refusing to return the whole security deposit to me, and is only willing to return the difference between the whole deposit and what the other tenant still owes. (1/2M rent) We were renting month-to-month, without a lease/rental agreement. Is what the landlord is doing legal? What course of action should I pursue. Thanks!

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2 Lawyer Answers
Nina Mironenko
Nina Mironenko
Answered
  • Huntington, NY
  • Licensed in New York

A: Yes, the landlord can do that. You can then go to small claims to try to get the 1/2 month security from your former room mate.

George Evangelos Patsis
George Evangelos Patsis
Answered
  • Landlord Tenant Lawyer
  • Lindenhurst, NY
  • Licensed in New York

A: It depends upon the terms of the lease.

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