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Re: security deposit

Posted by E Buchet on November 22, 1998 at 03:03:34:

In Reply to: Re: security deposit posted by e.buchet on November 02, 1998 at 07:40:46:

: : : 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.
: Thanks Mark, someone else mentioned the Attorney Generals Office. I'll check that out.

I tried the Attorney General's office and they would send us to mediation but by now I've already sent nim and his lawer a certified letter asking for the money or receipts or estimates of what the money was used for. He refused the letter and when I called him he said my $3600 had not been a priority but that he would "try to move to the front of his list" but that he couldn't tell me when he'd have the tally, since there where alot of little expenses. So I'm suing him in civil court and I'll post the results and any informative details when the smoke clears.

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