Albany, NY asked in Landlord - Tenant for New York

Q: does my landlord have the right to keep my security deposit and/or take me to court

July 2021 i signed a one year lease until July 2022. In June of 2022 my landlord emailed me expressing he would not be renewing it and would put me on month to month where i stated that would be no problem. 8/26/2022 he gave me a 60 day notice to move out by 10/31/2022 with no explanation. I asked for an extra month (11/30/2022) He agreed to the extra month. Unfortunately my father passed September 14th and things changed. October 3rd i paid my October rent and sent him an email stating i would be moving out in the next 30 days he stated i am still responsible to pay for November as we agreed that via email. Please note the only thing i have ever signed with this man is the lease in July of 2021 everything else was via email. Also note he originally wanted me out by October 31st i was the one who requested the extension but am taking it back now and he is saying no. I have never paid late and do not owe any rent either. So the big question is am i responsible for November rent?

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

A: If your landlord attempts to retain your security deposit, you may sue in Small Claims Court and the Court will determine the issue.

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