Landlord Can't Add Security Deposit Clause

November 1, 1994

LVT Number: 9218

Landlord sued to evict tenant after he refused to sign his renewal lease. Tenant didn't sign the renewal because it had a clause asking for a security deposit, and his prior lease didn't have a security deposit clause. Tenant argued that landlord couldn't offer a renewal lease on terms that differed from the original lease. Landlord claimed that the Rent Stabilization Code allows landlords to get additional security when the rent goes up. The court ruled for tenant. His refusal to sign the renewal lease was justified because it wasn't on the same terms as his expired lease.

Landlord sued to evict tenant after he refused to sign his renewal lease. Tenant didn't sign the renewal because it had a clause asking for a security deposit, and his prior lease didn't have a security deposit clause. Tenant argued that landlord couldn't offer a renewal lease on terms that differed from the original lease. Landlord claimed that the Rent Stabilization Code allows landlords to get additional security when the rent goes up. The court ruled for tenant. His refusal to sign the renewal lease was justified because it wasn't on the same terms as his expired lease.

255 Eastern Parkway Associates, L.P. v. Lumpkin: NYLJ, p. 26, col. 6 (10/26/94) (Civil Ct. Kings; Gould, J)

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