If you moved out of an apt when your lease expires, can a lanlord deduct MCI arrears from your security deposit?

Asked about 1 year ago - Bronx, NY

The lease expired in Feb of 2013 and the arrears that were deducted from my security deposit are being charged until July of 2014.

Attorney answers (1)

  1. Steven Warren Smollens

    Contributor Level 20


    Lawyer agrees

    Answered . Dear Bronx Tenant:

    You may need to allow an attorney to review your lease, and the DHCR order which granted the MCI increase. Ordinarily, an MCI is granted in a two-step manner: An retroactive portion (for the accrual of the MCI before the actual order) and the going forward. Technically, the retroactive portion is already owed in full when the DHCR made the order, but the statute requires that the landlord not try to collect the past owed portion all at once, and instead requires that this finite sum is billed in equal installments along with the monthly rent. The ending of the lease does not ordinarily cancel what was owed when the MCI order came out.

    So let a lawyer look at your papers.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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