I was renting a business location in New York. It was 6 month lease with 30 days notice when leaving, after 6 months it became month to month. The land lord was notified 10 days before the end of January of this year. We were on month to month lease. The landlord gave us a residential lease not a business location lease in the beginning of aug of 2008. She says that I will not receive my deposit. Do I have a case against her. The business ran out of money in the middle of jan.
Thanks

On what grounds did the landlord withhold the deposit?

She said I did not give 30 days and she does not have the money.

Well the 30 days issue is correct. Since you didn't give 30 days, she is entitled to keep the deposit or a portion thereof to cover unpaid rental. Whether she has the money or not is immaterial. It would appear to me that you still owed rental for February and she was entitled to keep the deposit to cover that.

But can she use a residential lease when it a business location

It doesn't really matter. You signed the lease so you agreed to it.

A commercial lease generally has more provisions then a residential lease, but a lease is still a lease.

Thanks for your input. I least I know where I stand