ANSWERS: 3
  • Depending on the condition of the appartment. If you get the deposite back then you could put that twords the rent. If you totally screwed it up on the other hand they might use your Deposit for repairs, and you would have to pay the rent.
  • If you "break" a lease, the landlord can petition the court to evict you on grounds of unpaid rent or breach of contract or objectionable conduct or nuisance. If, for instance, you owe some rent, the landlord can, in New York, start a special proceeding in housing court to obtain a possessory judgment of eviction. Such a judgment would have a dollar amount, but would not be separately enforceable as a money judgment. If the landlord elected to sue for breach of contract in a 'plenary' action, he could recover possession and obtain a judgment for money damages. Most tenants and even some lawyers don't know the distinction; and, practice is different in other states. As for the security deposit, spending down the security deposit is a time-honored tradition: too-often a landlord wants to charge for things that aren't broken. Have you ever heard of a landlord paying the interest back on the security deposit? If the costs are less than legal fees, people generally can work things out. However, as indicated, if tenant breaks the lease, the landlord could have a claim for rent until a new rent paying tenant, paying comparable rent, moves in: this is done with high-rent and commercial leases. If you need specific advice, ask a competent tenant's lawyer; you could get some useful info from a tenant's organization.
  • Yes he will and certainly can evict you, and then you will have to go to court and pay unpaid rent. NO you cannot use a security deposit for rent. Not sure what to tell you if you cant pay, if this is temporary talk to the landlord. If this is permanent financial problem get a roommate or cut your losses. Sorry

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