Posted by Mark Smith on November 01, 1998 at 22:49:30:
In Reply to: security deposit posted by e.buchet on November 01, 1998 at 05:50:49:
: My wife, my two daughters and myself moved out of a single family brownstone in Park Slope 45 days ago. My landlord, who lived downstairs in the building and I fought over heat and hot water for the 5 years I resided there. I finally woke up this past year and called the heat complaint line and he was indeed summoned for insufficient hot water. Every year he raised my rent %12 and collected additional deposit. That deposit now totals $3600 and 45 days later he has still not returned it. I know he is going to claim damages to the apartment although I spent four days cleaning and patching picture hanger holes. He never painted the apartment in the five years I lived there and my stove didn't work for three months which I noted on rent checks each of those months. What do I do to make sure the scumbag pays?
: Fumeing in Brooklyn
Unfortunately, Small Claims courts in New York have a limit of $3,000 on claims. Your security deoosit exceeds that amount, without any claims for warranty of habitability. You could sue for $3,000 of the security, and give up your claim for the the rest of the security deposit. Or you could sue in regular Civil Court, which has a limit of $25,000. There may be a pro se part with clerks that can help you file. You might also complain to the Attorney General's office to see if they can help you with the security deposit.
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