Security deposit as last month's rent

Leaving holes in the walls IS damage that needs to be fixed.

So let's say I fix it. Also, I put in a new refrigerator 2 years ago, so he's gained by that. he will totally renovate to get the rent up to market value.

If I pay the rent, then I'll get a check I can't cash for the security deposit. What to do?

Did you talk to the owner about this?

>>Leaving holes in the walls IS damage that needs to be fixed.<<

Reasonable wear and tear unless major gouges.

Leaving holes in the walls IS damage that needs to be fixed

Agree with bramstar. Holes from pictures ARE NOT damamage and DO NOT need to fixed. They are part of normal wear and tear and are the landlord's responsibility.

That's what I thought--about the holes from pictures. I have not spoken with the building manager about it yet because I have not yet signed the lease on the new place. But friends have said that he'll be jumping for joy that I'm leaving (without having to pay me, which he has done) so that he can bring the apartment to market value.

Ask the LL if he will do this. The security deposit is not rent and if he says no then tough. If you don't pay the last month you default on the lease.

I think you ought to just ask your landlord. You seem to be in good graces with him, you haven't damaged the apartment, and your situation is clear for the past however many years. So just ask about the security deposit being returned to you rather than having all these years of a good relationship and ending with the wrong thing (on your end) for just the last month.
If he doesn't seem to have the right way to return it to you, then I think you have to think about alternatives, though I have no suggestions. But first try to communicate with him ... keep the relationship good!

And add that you can move out sooner and use the security deposit as the last month's rent, or move out a year later (unless you change your mind, of course) and pay the last month's rent. His choice.

Contrary to popular belief, a security deposit is not your last month's rent money. It is money advanced to the landlord to guarantee the tenant's performance of the lease. Well, that's how a lawyer would phrase it. Basically, it's security against damage to the apartment, etc.

You can ask your landlord if they would be willing to use it for your last month, but they are not legally bound to do so. If you don't pay the rent, and the landlord has not agreed to accept your security as the last month's rent, the landlord can initiate eviction procedures. Odds are you would be out the door before that was resolved, but if they file, you would then have an eviction on your record, which in NYC makes it very difficult to rent in the future with many landlords.

the security deposit is either rightfully yours or your ex-husband's. if it is yours, why didn't you get the everything straightened out when you divorced? If it really should be his, then you are the thief - why should a landlord become an accessory to your crime?

printer, give her a break.
Unlikely that the husband left several years ago and assumed then that the security deposit was his

"Odds are you would be out the door before that was resolved, but if they file, you would then have an eviction on your record"

NO. And stop fear mongering.