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?

Related Topics:
1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.