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Am I obligated to pay security?

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CCfrNY

Member
What is the name of your state?New York

We moved into an apartment in March. The landlord allowed us to move in without paying security, with the agreement that i would make payments until security was paid.

The landlord also agreed to have the carpets cleaned and all repairs and work finished prior to us moving in (floor torn up in bathroom, outlet covers not on, holes in laundry/pantry room walls, paint in the kitchen sink, blue tape around ceiling and floors from painting). I was also told i could park in the driveway. the building has 3 apartments. New tenants moved in upstairs in June and then the landlord said i could not park in driveway that i would have to park out front on lawn between curb and sidewalk. My van caught on fire one night unexplainably while parked there, not electrical fire. The fire dept made the suggestion that possibly some one through a cigarette in the window.

Since we moved in the landlord has also made the statement that repairs have not been made and heat and water may be shut off because i have not paid my security deposit. She came to my house cursed and yelled and made a scene on the sidewalk in front of neighbors and my daughter. Now the landlord has made it clear that security will be used for bills and repairs, and i know that is illegal. am i still legally responsible to pay security.

Landlord has also had conversations with neighbors about our rent and i want to know if that is okay. She said that security helps to cover heating bills and to pay for time no one lives here when we move out while she finds new tennants. So i dont want to pay a security deposit that i know she will not return. Or i will have to go through courts to get back. I dont want that mess. However, i wouldnt be able to just pretty much throw away $460.

Hot water and hear are included in rent.
 


longneck

Member
if the LL requests a security depost, you must pay one. i don't venture in to NY law very much because it's just as detailed as CA, but not nearly as user-friendly.

that being said, if you have a written lease that specifies a deposit amount, your LL can serve you a pay-or-quit notice if you don't pay it. most states also allow for the LL to collect or increase the security deposit, within certain guidelines.

the LL may not disconnect utilities for non-payment of rent.

all that being said, you need to answer some questions here:
1) do you have a written or verbal lease?
2) what are the terms of this lease, specifically anything relating to deposit?
3) how much security deposit are we talking here?

FYI, your LL may NOT use your security deposit for expenses UNTIL your lease is over. most states, and I think NY is one of them, require the LL to deposit the rent in to a separate bank account or bond that can not be touched except at the en dof the lease to recover damages or lost rent.
 

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