Results 1 to 2 of 2
  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Question Landlord's Right To Withold Security Deposit After Tenant Breaks A Lease, in New York

    my husband and i rent out the bottom floor of our brownstone. the current tenant signed a one year-lease in october 2007, and now wants to move because she is getting back together with a boyfriend. we like her and she's been a good tenant, so we plan to let her out of the lease, but wanted to know what is reasonable to expect in terms of compensation. since the apartment needs to be repainted (and respackled, as she's hung many things on the walls) we feel that it is not fair for us to have to "eat" this cost now just because she is leaving 1/2 way through the lease. we felt that it would be reasonable to let her out of the lease, but stipulate that we would take the cost of painting and repairs out of her security deposit (which would still leave a good amount of money coming back to her) however, this is not spelled out as an option for us in the lease itself, nor does the lease say anything at all about punitive measures for lease breaking. i understand that many landlords let people out early but keep the security deposit. this option is also not mentioned in our lease. so to sum up, i feel we are being more accomodating than we could be (i.e. not witholding the entire deposit, or even worse requiring her to pay for the remainder of the leave), but at the same time don't know if we can actually require her to pay for painting, etc. as it's not spelled out specifically in the lease. any thoughts?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Landlord's Right To Withold Security Deposit After Tenant Breaks A Lease, in New

    Get an estimate for the cost of repairs made necessary by her actions (not "normal wear and tear").

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Tenant's Remedies if Landlord Doesn't Put Security Deposit Into a Proper Account
    By mysticide in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-16-2011, 03:26 AM
  2. 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
  3. Security Deposits: Tenant Broke Lease - What Happens With the Security Deposit
    By artandtracy02 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-08-2010, 11:42 AM
  4. Security Deposits: When Does a Landlord Have to Account for Deductions if a Tenant Breaks the Lease
    By pwrpcman in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-01-2010, 03:27 AM
  5. Roommates: Co-Tenant Lease Termination and Security Deposit
    By complicatedca in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-06-2009, 08:22 AM
 
 
Sponsored Links

Legal Help, Information and Resources