Results 1 to 5 of 5
  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Default Tenant Did Not Move in and Wants Security Refunded

    My question involves landlord-tenant law in the State of: New York

    I am subletting a room in my apartment and I had a verbal agreement with someone to become my roommate on a month-to-month basis. The new roommate provided a security deposit equal to one-month rent, and I provided a receipt stating a specific move-in date. They backed out two weeks before the move-in date because of work relocation. They are claiming that they are entitle to the deposit back because there was no written or verbal acknowledgement that if they couldn't take the room, I would keep the deposit. After searching, I have found someone to move in and take their place. Do I have a right to keep the deposit?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant Did Not Move in and Wants Security Refunded

    You found somebody willing to move in as of the same date, at the same rate of rent?

  3. #3
    Join Date
    Dec 2011
    Posts
    2

    Default Re: Tenant Did Not Move in and Wants Security Refunded

    Yes, correct.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Tenant Did Not Move in and Wants Security Refunded

    No, you must return the deposit in full.

  5. #5
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Tenant Did Not Move in and Wants Security Refunded

    I don't believe legally you have to return it, but if you found someone else to take it for the same rent and deposit, why would you want to keep it?

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Can a Landlord Keep a Security Deposit if a Tenant Doesn't Move In
    By Esther Mas in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 12-13-2010, 08:12 AM
  2. Security Deposits: Can I Keep Security Deposit if New Tenant Wants to Move Out After 3 Days in
    By coeur29 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-10-2010, 08:52 PM
  3. Security Deposits: Instead of Security Deposit Being Refunded, Got a Bill for $2800
    By thegauntlet in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 11-29-2008, 03:48 PM
  4. Security Deposits: Security Deposit Not Refunded
    By chevgal in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-17-2006, 04:00 PM
  5. Security Deposits: Tenant vs Tenant Security Deposit
    By dumpedon in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 04-11-2006, 05:28 AM
 
 
Sponsored Links

Legal Help, Information and Resources