Legal Question in Landlord & Tenant Law in New York

Lease termination

Hi, I had a lease from Aug '06-July '07, but had to leave early to move abroad. My landlord and I signed a document that assigns my obligations of the lease to my roommate as of Jan 31, 2007, and she agreed to return my security deposit on July 31, 2007 (when the lease officially ends). The document requires me to pay rent for January. However, as I had already paid my first, last month rent and security deposit when I signed the lease, I decided to put a stop payment on my rent check for January as my last month payment would serve as Jan rent. If I wrote her another check it would be me paying rent for Jan and Feb. She's saying that the contract is now breached because of the stop payment on my check, and I am no longer entitled to get my security deposit. My argument is that since my obligations end as of Jan 31, and the roommate is taking over the lease from Feb-July, I am using my last month's rent as rent for Jan. If I argue this in court to get back my security deposit, would I win? Thank you


Asked on 1/23/07, 1:37 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Lease termination

No.

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Answered on 1/23/07, 2:31 pm


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