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  1. #1
    Join Date
    Oct 2009
    Posts
    16

    Default Is Violating a Lease Term Grounds for Withholding Deposit

    My question involves a security deposit in the State of: New York

    Is violating a term of the lease grounds for withholding of a deposit? I am not being evicted for violating the lease term. What are the legitimate reasons for withholding of a deposit in New York?

  2. #2
    Join Date
    Jan 2008
    Posts
    227

    Default Re: Is Violating a Lease Term Grounds for Withholding Deposit

    Breaking the lease early (termination fee)

    Damages

    Back rent

    Late fees

  3. #3
    Join Date
    Oct 2009
    Posts
    16

    Default Re: Is Violating a Lease Term Grounds for Withholding Deposit

    Thanks for your reply. So I broke the lease term, but the LL is not terminating the lease, just giving me a hard time. So there is no reason to have a termination fee if the lease is not ended as a result of my violating the term, right?

    There are no damages and I am all paid up on rent.

  4. #4
    Join Date
    Jan 2008
    Posts
    227

    Default Re: Is Violating a Lease Term Grounds for Withholding Deposit

    First you say that you "broke the lease term" and then you state that you did not violate the term. Very confusing.

    It sounds like you are terminating the lease early...thus subject to a termination fee.

    Your post is very confusing, so if I'm wrong...you need to give more details.

  5. #5
    Join Date
    Oct 2009
    Posts
    16

    Default Re: Is Violating a Lease Term Grounds for Withholding Deposit

    Sorry if I was not clear. I violated the lease term but I am not being evicted or anything. The LL is just giving me a hard time and threatening to keep the deposit because I violated the term. She is essentially playing gotcha: she caught me violating a term and is using that as a basis to keep the deposit while still letting me stay because I pay the rent. I am trying to determine if violating a lease term alone is enough for them to keep the deposit. There is no damage to the apartment and I am paid up on my rent. Hope that makes it a little more clear.

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