Brooklyn, NY asked in Landlord - Tenant for New York

Q: can you ask for 2 months rent and 1 months security when renting a apartment in a private house in Nassau County, LI

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2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: No. Pursuant to the Tenant Protection Act of 2019, landlord's are only entitled to hold one month rent as a security deposit. The prepayment of rent is considered a disallowed additional security deposit.

Toshinori Isoai
Toshinori Isoai
Answered
  • Landlord Tenant Lawyer
  • New City, NY
  • Licensed in New York

A: Probably not. Under New York Law, “no deposit or advance shall exceed the amount of one month’s rent under such contract.” A landlord cannot not request advance rent payments or security deposits greater than one’s

month rent.

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