New York, NY asked in Landlord - Tenant for New York

Q: Is it lawful for a landlord to not refund my deposit because the other tenants renew the lease?

My former landlord refused to pay my deposit because the tenants with whom I jointly signed the October 2019 - September 2020 lease contract decided to renew the lease. And even if I vacated the apartment at the end of the lease and return the keys, he will not refund my deposit.

I'm not familiar with rental law in US/NYC and I would like to know if this attitude is lawful?

Please help!

Thank you,

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

A: If the landlord has entered into a lease with the remaining tenant, the prior security deposit should be returned with the remaining tenant paying the additional security that will be due. You may consider bringing your landlord to Small Claims Court to obtain a refund.

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