Halfway through last year, I subleased my apartment unit and moved to a new location. I received a security deposit equal to the monthly rate paid by my subtenant. My rental company has informed me that their security deposit return policy - as per New York State law - is to return the deposit (minus applicable cleaning or maintenance fees) within 30 days of the end of the lease.

My question is: am I, the sublessor, bound by the same legal statute, even though I am not the property's owner or active manager?

In other words: is it be legal to wait until I have received my security deposit from the landlord before I return my subtenant's deposit, assuming it all occurs within the 30 day period?

  • 3
    Try on the Law area? It's out of scope here. – keshlam Jul 25 '16 at 19:32
  • Duplicated the question there. Asked here since there seemed to be more answers regarding deposits. Thank you for the note. – rm -rf slash Jul 25 '16 at 19:45
  • 1
    is there a signed contract? – mhoran_psprep Jul 25 '16 at 19:56
  • 5
    I think the answer is going to depend on the exact wording of the sublet agreement, subject to local law... I recommend asking a lawyer in your area. – keshlam Jul 25 '16 at 21:09
  • 2
    Don't mess with tenant protections, especially not in New York. – littleadv Jul 26 '16 at 5:51

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