Troy, NY asked in Landlord - Tenant for New York

Q: I signed a pre-2019 lease that expired, defaulting to month-to-month. Is my security deposit owed in 14 days?

Does the Housing Stability and Tenant Protection Act of 2019 apply to me in any way regarding security deposits (14 days to return deposit, itemized deductions, etc.) or do the initial terms of my lease apply if I never renewed and it automatically became month-to-month? The initial terms of my lease say deposit will be returned in 45 days and my landlord said she will not be returning my deposit until then when I mentioned the new law is 14 days.

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2 Lawyer Answers
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Licensed in New York

A: The new rules apply regardless of when you entered into the underlying lease.

Steven Warren Smollens and Daniel Michael Luisi agree with this answer

Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Troy Tenant:

Your landlord is not compelled to return the tenant security deposit earlier than 14 days after you move out. You are entitled to a walk-through inspection. When you or your landlord choose to end the tenancy (month-to-month), your landlord must inform you of the entitlement to request a pre-move-out walk-through inspection.

Daniel Michael Luisi agrees with this answer

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