Jamestown, NY asked in Landlord - Tenant for New York

Q: I moved out of my apartment before my lease was up. I informed my landlord before I left and continued to pay my rent

My rent was paid in full through the course of the lease. My security deposit was not returned within 20 days of me moving out. One of the people I rented with did not pay $850 in rent and had a cat that caused damage (urine smell) to the apartment-lease said no pets, landlord said she gave permission. And there was wallpaper put up by the previous tenant in the bedroom I had, I sent pictures and was told they were put in my file. The landlord was made aware of both issues before I moved in. I did not receive my security deposit back because it was put toward the unpaid rent and damages caused by the other tenants. Is that legal?

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

A: When you sign a lease for an apartment, you become responsible for 100% of the rent payment due pursuant to the lease and not just your proportionate share if you have a co-tenant/roommate. Likewise you would be responsible for damage to the apartment that occurred during your tenancy whether you or your co-tenant/roommate caused the damage. Good news is you can look to the co-tenant/roommate for reimbursement.

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