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When Do Landlords Keep Rent Deposits?

To All Tenants,
 
Many tenants believe that when it is time to move out of their apartment they are always entitled to their rent deposit. Not true. The law will only support the return of your rent deposit if you have not breached the lease.
 
More specifically, tenants should be aware that when they owe money to the landlord for damage to the property OR unpaid rent, they are less likely to get their deposit back. This rule of law is supported by Rivertower Associates v. Chalfen, which provides that: “The security deposit remains the property of the tenant unless and until he has defaulted in his obligations under the lease. (General Obligations Law § 7-103 [1]).”
 
When you are in the middle of your tenancy do you best to pay your rent on time, communicate with your landlord and take care of the premises, or you will encounter a rude awakening when your deposit is kept by the Landlord.

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