united-states rental-property new-york-state sublease
When is a subtenant entitled to have their security deposit returned?
<p>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.</p>

<p>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?</p>

<p>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?</p>

<p>As far as the law is concerned with respect to the sublease, you are in the same position as any other manager/renter/owner. You are bound by the statute, and you must return the security deposit (and/or itemized deductions) within 30 days of the end of the sublease.</p>

<p>The agreement between you and your landlord has no bearing on your agreement with your subtenant. You can wait to get your own deposit back if you want - but only if that doesn't cause you to go over the 30 day limit with your subtenant.</p>
