*837OPINION OF THE COURT
Margaret A. Chan, J.
In this small claims action, claimant sought the return of a security deposit in the amount of $1,791.33, paid by him to defendant, Ralph Ave Associates Phase II, LLC. Claimant rented an apartment pursuant to a rent-stabilized lease. Prior to the lease termination, defendant presented claimant with a lease renewal. Claimant informed him of his intent not to renew. Once the lease expired, claimant continued paying rent at the increased rate and remained in possession for several more months. Ralph Ave contended that by virtue of claimant’s continued possession of the apartment the lease was deemed to have renewed for another year. Claimant disagreed, arguing that his holding over created a month-to-month tenancy. Defendant asserted that it was entitled to claimant’s security to offset the rent owed for the remainder of the renewed lease. A trial was held on August 25, 2010. Both sides appeared without counsel.
The Rent Stabilization Code (RSC), codified in 9 NYCRR 2523.5 (c) (2), provides:
“Where the tenant fails to timely renew an expiring lease or rental agreement offered pursuant to this section, and remains in occupancy after expiration of the lease, such lease or rental agreement may be deemed to have been renewed upon the same terms and conditions . . . that would have been applicable had the offer of a renewal lease been timely accepted.”
The only other statutory remedy available to a landlord in the situation where a tenant holds over on a rent-stabilized lease without renewing is to commence an action to recover possession (see RSC [9 NYCRR] § 2523.5 [c] [3]).