Buffalo, NY asked in Real Estate Law and Landlord - Tenant for New York

Q: Can you use your security deposit to cover rent in NYS (due to COVID) if you are at the end of your lease?

My partner and I suffered substantial income loss due to COVID and we advised our landlord that we would like to use our security deposit for our June rent. Our lease is up on 7/31 and we will likely move out as we can no longer afford our rent because of income reductions. We have an excellent payment history and have been here for 5 years. Our July rent was paid by deposit when we moved in. Our landlord is telling us that we cannot use our security deposit to cover our June rent if we are moving out. Is this correct?

1 Lawyer Answer
Sharon M. Siegel
Sharon M. Siegel
  • New York, NY
  • Licensed in New York

A: You can use your security to pay the rent. Technically, you are supposed to replenish it, but it is not necessary.

1 user found this answer helpful

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