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?

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3 Lawyer Answers
Elaine Shay
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Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: No, not in residential leases

Steven Warren Smollens agrees with this answer

T. Augustus Claus
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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

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

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

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