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

Q: Can a landlord contract out (eg lease says 60 days) of the NYC law to return a security deposit in 14 days?

Related Topics:
3 Lawyer Answers

A: No, not in residential leases

Steven Warren Smollens agrees with this answer

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In New York, state law mandates that a landlord must return a security deposit within 14 days after the tenant has vacated the property. Even if a lease agreement states a different duration, such as 60 days, provisions that attempt to waive or diminish a tenant's rights under the law are generally unenforceable. Thus, in NYC, a landlord cannot contract out of the 14-day requirement to return a security deposit.

Steven Warren Smollens agrees with this answer

A: Dear Manhattan Tenant

No. This is a Statewide law. Private lease agreements that are contrary are without any legal effect.

Peter J. Weinman agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.