Can a New York tenant use the security deposit as last month's rent?
No, unless the landlord agrees in writing. The security deposit is held to cover damages and unpaid rent at end of tenancy, NOT as a substitute for the final rent payment. A tenant who tries to apply the deposit toward last month's rent can be charged the full final rent in addition (since the deposit was not legally available for that purpose). Some New York landlords may agree, but it must be in writing. The proper sequence: pay final month's rent, vacate, get the deposit back per GOL 7-108(1-a)(e).
Source: GOL 7-108(1-a)(e)
This is an informational answer based on GOL 7-108(1-a)(e) as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.