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Using Security for last months rent illegal?

By Katherine Carter-Scott

I live in the State of New York and we are moving. We have a clause in our lease that says that security deposit is not to be used as the last months rent. Our landlord charged us $100 over the rent for security deposit to discourage this practice. I have been told by the former tenant that she had trouble getting her security deposit back from this landlord. We are in a quandry about what to do in this situation. We already have a place to move to so his reference is not needed. We asked the landlords permission to use the security deposit as the last months rent and he said it is illegal. Is that true? What can our landlord do if we should decide to use the security as the last months rent?

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Edited on: Tuesday, August 16th, 2011 11:48 am
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