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Our landlord's attorney offered us a settlement, but there was no mention of our security

East Rockaway, NY |

in order to avoid a civil suit, our landlord offered to not collect rent for February and march and asked that we put april and may in an escrow account. if we find a new place before may 31st, they will give us back whatever portion of may's rent that applies to time we didn't live here. however, they have two months of our security that no one mentioned. If they keep our two months security and we pay april and may, then we really aren't getting a deal. Can I ask what they intend to do with our security? do they have any right to keep it? thanks

I just received their settlement. their intent is to keep the two months security and the rent for april and may, which means we aren't getting a deal at all. we didn't pay February and march because we were constructively evicted when the sewer main for the building backed up into our unit and they didn't do anything to fix the damage or clean the mess. I am so disappointed.

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Attorney answers 2


Dear tenant:

If you are negotiating a settlement and you want to include the return to you of your security deposit, don't keep that thought to yourself, demand the security as part and parcel of your overall settlement. Otherwise, you may be correct that if the settlement is "silent" about your two month deposit for security, a court may latter on conclude that you "waived" the return of the security deposit. They will keep your security if you do not demand the return of the security.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.



Thanks. Initially, I was pleased bc I stupidly forgot about the security. Now I feel like a dope bc I almost jumped on it, not realizing that if they keep the security too, they haven't offered us anything. Thanks

Steven Warren Smollens

Steven Warren Smollens


OK. It doesn't usually cross a tenant's mind negotiating on his own against the landlord's attorney that the attorney does not need to be fair. As far as the law would be concerned, the settlement is fair if you agreed that it was fair. Good luck.


You can and should ask for the return of your security. You could also try and negotiate that the security stand in place of creating an escrow account. If you don't ask for it you won't get it. It is also probable that the landlord intends to keep the security, and a near certainty that you would have to bring suit for its return with no guaranty that you win such a suit.

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