Asked in Landlord - Tenant for New York

Q: Rochester NY, does month-month written agreement say I can use security deposit for last months rent? Rent paid may 1

Txt:"Your security deposit will be used toward any damages made to the room (as you have admitted to there being damage to the carpet) as well as retribution for any unpaid rg&e, internet and water charges after you have moved out. The remainder of the security deposit will be returned back to you. Please pay the amount of $450.00 for the month of June’s rent. If you refuse to do so, then you must vacate the premises IMMEDIATELY or I will be forced to, and will, take legal action."

Stain=her dog b4 move in. I have no animals

Agreement:

Date/Term of Occupancy by Roommate: 01/30/2019 --- Oral Tenancy month- to-month Roommate Rent: $450 p/month, not including heat: hot/cold water, electricity, high-speed wireless Internet service. Includes access to common areas.

Payment Due at Start of Occupancy: 1 Month Rent and 1 Month Deposit ($450 + 450, for a total of $900). Deposit will be applied if any damage or defaced property is incurred by Roommate, or to last month's rent.

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: This language appears ambiguous. However, as a general rule security deposits are not intended to be used for rent unless a tenant is in arrears at the end of the tenancy.

1 user found this answer helpful

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