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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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My landlord has 3 different people living in the house where

Customer Question

My landlord has 3 different people living in the house where I live 1guy rents the upstairs and1 young man lives downstairs and rents a room and I myself live downstairs in a room converted from a garage and my question is my landlord charged the upstairs tenant 1 months security and the young man who is downstairs only 3 weeks security and my self he charged me 11 weeks security so do I have the right to ask him to rework the deal we have and also he's also mentioned that when and if I do move out he will not refund me the security and he will not let me live out my security without an argument please help me with some advice my phone number is ***-***-**** and my name is Nicholas ******
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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so do I have the right to ask him to rework the deal we have

.

There is nothing that would prevent you from asking to modify your lease agreement, but the landlord is under no legal duty to do so. When you agreed to the lease agreement, you entered into a legally binding contract and either party can enforce the contract against the other.

.

The fact that he charged different deposit amounts wouldn't affect the contract because New York doesn't impose a statutory limit on deposits.

.

As for using your security deposit for rent, this is not allowed unless the landlord actually agrees to do so. A security deposit is first used for actual damages and cleaning when a tenancy ends, and then for any delinquent rent or fees at the end of the tenancy if anything remains unpaid. But the deposit can't be used for current rent unless the landlord agreed to do so.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

thanks

Barrister

Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

so do I have the right to ask him to rework the deal we have

.

There is nothing that would prevent you from asking to modify your lease agreement, but the landlord is under no legal duty to do so. When you agreed to the lease agreement, you entered into a legally binding contract and either party can enforce the contract against the other.

.

The fact that he charged different deposit amounts wouldn't affect the contract because New York doesn't impose a statutory limit on deposits.

.

As for using your security deposit for rent, this is not allowed unless the landlord actually agrees to do so. A security deposit is first used for actual damages and cleaning when a tenancy ends, and then for any delinquent rent or fees at the end of the tenancy if anything remains unpaid. But the deposit can't be used for current rent unless the landlord agreed to do so.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

thanks

Barrister

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