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  1. #1
    Join Date
    Dec 2008
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    2

    Default Use of Security Deposit for Rent

    My question involves a security deposit in the State of: NY
    A family has been renting my house for 2+ years. The family has provided 3 months notice, as required by the lease, that the family will be leaving before the end of the lease.

    However, the tenants have stopped paying the gardening fees required by the lease, and have refused to pay the last two months of rent. (The two months of deposit that I have will not cover the current rental rate, plus the unpaid fees, plus property damages, if any.)

    I have sent e-mails, certified mail, notifying tenant of breach of lease, for non-payment of rent and late fees, and requesting prompt payment to no avail. They insist "it is customary to use security deposit for last two months rent payment".

    1) Is this legal in New York (Westchester County)?
    2) If not, what legal recourse do I have? (Not being able to use me as a reference doesn't matter since the family is leaving the country.)
    3) Do you know what statutes I should reference if I have to start an action against the tenants?

    Any assistance would be appreciated, time is of the essence since family will be leaving country.

    Thanks much

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Use of Security Deposit for Rent

    A security deposit is not rent. If they aren't paying their rent, you can evict them for nonpayment of rent.

  3. #3
    Join Date
    Dec 2008
    Posts
    2

    Default Re: Use of Security Deposit for Rent

    Can I start process without attorney assitance? How long does this usually take? Anyone have experience with this? Suggestions would be most appreciated.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Use of Security Deposit for Rent

    Read the linked information, and also this article. If you wish, call some lawyers in the area to find out what they would charge to handle an eviction for you.

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