We gave our Landlord a written 2 month notice of moving , and asked her to apply the security deposit toward the last months rent , and she refusing to do this; can we just pay our last month' s rent minus the amount of security deposit ; the reason we're asking is she has already admitted she does not have our security deposit,nor did she have it at anytime in a saving acct like it was supposed to be placed at the time she received it and not in her pocket ?
1 Answer from Attorneys
A standard lease normally states a security deposit cannot be used for the last month's rent.
Of course, check your lease.
The reason this is normally in the agreement is the security deposit is used to repair damages done to the apartment. A landlord does not know if damages exist until the tenant vacates the premises.
In your case, there isn't a security deposit to return. Therefore, you may have the upper hand in negotiating the matter. You should show the landlord Article 7 of the NY General Obligations Law and negotiate from there. Of course, all changes to the lease should be writing and signed by both parties to protect yourself should this go to court.
I've provided a link. http://codes.findlaw.com/ny/general-obligations-law
Licensed in NY since 1996.