Q: I paid first month rent and security deposit before i moved in. Can they use my security deposit for 2nd month?
I am having a problem with my bank account due to fraud, I am wondering if management can use the security deposit I gave before I moved in for this month that I owe rent on.
A: Security deposits are designed to provide the landlord with protection against the cost of damages or unpaid rent at the end of a tenancy. Therefore, landlords are not obligated to apply the security deposit towards rent while a tenant is still in occupancy.
Steven Warren Smollens and Daniel Michael Luisi agree with this answer
A:
Dear Bronx Tenant
No. You are not entitled to consume the entire amount of the Tenant Security Deposit to pay current rent, your landord is not allowed to confiscate the security deposit to pay current rent.
In 2019 the NYS Legislature totally overhauled the NYS Tenant Security Deposit statute. The objective was to provide a uniform law for protecting Tenant and Landlord and to assure the best possible solutions for the most important safeguards were in place. Your desire to use the security deposit to pay current rent conflicts with the words and spirit of the Statutory scheme.
Daniel Michael Luisi agrees with this answer
A: No! The security deposit is your money that the landlord gets to hold in trust. The 2019 changes of the law would not allow the landlord to use your security deposit for rent without your consent. When you leave, the landlord must deduct the amount of damages and return the rest in 14 days. You cannot use the security deposit to satisfy the second month's rent without the consent of the landlord.
Daniel Michael Luisi agrees with this answer
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