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I have been subletting my apartment without consent from my…

Customer Question
I have been subletting...

I have been subletting my apartment without consent from my landlord, and they found out. Can they keep my security deposit for breaching the lease?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

In New York, NY

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

That's my second questions-yes there are issues with the upkeep. My front door lock keeps jamming and I had to call a locksmith to let me in the other day. I've asked the super to fix it multiple times. I asked to deduct the $125 locksmith fee from this month's rent and they said they will not pay anything because I've been ilegally subletting the apt

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Are they not responsible for that fee? Aren't they required to provide liveable conditions for the building. Would that be considered under that?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that's good

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
4/2/2018
Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 31,998
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Customer reply replied 2 months ago
Great, thanks
Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago

Good afternoon. One thing has nothing to do with the other. By that, I mean if the lock was not working properly, they had a legal obligation to change or fix and repair it. They can not refuse, as a result of the sublease. Moreover, just because you subleased, does not allow them to keep your deposit. It allows them to hold you in breach of the lease and evict you, if this is not cured and sue for damages as well but does not allow them to just impose a claim on the deposit, since that it used for damages and repairs, caused by you.

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Customer reply replied 2 months ago
That's what I thought! Can you please provide the proper vernacular that I can send to them to get reimbursed for the locksmith? Do I have a legal right to deduct it from this month's rent?
Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago

If it was stuck and this was reported, why was it not fixed?

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Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago

Here you go...

http://www.nycbar.org/get-legal-help/article/landlord-tenant/landlords-duties-obligations/

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Customer reply replied 2 months ago
The super temporarily fixed it several times bc he did not want to replace the lock. He was out of town when it jammed again, so I had to call a locksmith to get in the apt
Customer reply replied 2 months ago
Also, if they try to keep my deposit for subleasing. What do you recommend I do?
Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago

At that point, you would have to dispute it and sue them to get it back.

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Customer reply replied 2 months ago
What if I just don't pay this month's rent...and have them take the deposit instead? Is that legal?
Customer reply replied 2 months ago
Also, they want to start showing the apt...bc the lease is up at the end of the month. Do I have to let them show it? Or can I refuse?
Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago

You could be evicted then. The deposit is for damages and repairs and would only be for rent if they agree to accept it as the last month's rent. If you just do not pay, they could then keep it for unpaid rent, if you vacated but they may sue you if you breached the lease. Yes, you would have to act in good faith and cooperate and allow them to show it, during reasonable hours.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 2 months ago
you don't recommend not paying the last month's rent?
Customer reply replied 2 months ago
Do you have a link for reasons a landlord can legally withhold security deposit?
Customer reply replied 2 months ago
I know they are going to try to do that and want to be prepared
Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago

Sure.

https://www1.nyc.gov/site/rentguidelinesboard/resources/security-deposits.page

https://ag.ny.gov/sites/default/files/tenants_rights.pdf

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Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 2 months ago
can I legally deduct the $125 from this month's rent?
Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago
If they failed to repair this and you were locked out and could not gain entry you could have a valid basisnto do so as a result of their failure to act.
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Lawyer: LandlordTenantAnswer, Attorney replied 2 months ago

Are you still with me? Is there anything else?

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