Posted by kelly on December 17, 1998 at 07:47:08:
In Reply to: no security deposit yet -- HELP! posted by Danina on December 16, 1998 at 16:57:43:
: I moved out of a 1BR apt in upstate NY November 30, 1998. The landlords
: had 15 days to return my security deposit. So far I have received nothing.
: These are vindictive people who tried to lock me out on my last day as a
: tenant there. Since I could not get in I had to call the police, who
: inspected the place with me. What is my next step, maybe to get a lawyer?
: Is not returning a security deposit a misdemeanor, and could I call the
: police? HELP!
Your first step should probably be to send your landlord a certified letter, requesting your security deposit back. Tell them that it has been 15 days, and that if they don't send it to you, or send you a detailed explanation of why they are keeping it,(and written estimates of any damage they may claim) then you will take them to smalls claims court...and follow through with it.
We are going through the same thing right now (we also live in upstate NY and have a psychotic former landlord) and it is a pain. But, if you didn't cause damage and can prove it (having the police inspect your apt. was good!) then the burden is on them to prove that you did, and provide estimates for repairs. Good Luck!
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