Q: Long Island, New York. A tenant refuses to pay the rent and wants to use his deposit as payment. Can he do that?
We already told him that we do not accept the deposit to be used as the last month's payment. He lease expired in September. He was supposed to move out in September, but he could not. We agreed that he could stay in the house as a month to month tenant, but he has to pay the increase. The deposit is lower than the increase, and he has sent the difference. Can he do that, even though we told him that would not be acceptable?
A: Security deposit is intended to be held for reimburse potential damage to a residence while it is occupied by a tenant and not to pay the rent. That said, the parties can always seek to renegotiate terms as your tenant apparently has elected. You are under no obligation to accept those terms and can start a summary proceeding to recover possession of the premises.
A: Legally no. Practically, yes. You could sue to evict, but by the time you are done, you will have lost more than one month.
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