A Brief Question

[rossie]

I anticipate suing my landlord to recover my security deposit - in Manhattan, would this be done in Housing Court or Small Claims Court?

[HAJ77]

If it is less than $3,00 you would go to Small Claims Court, if it's higher than that it would be in Civil Court.

[mjr203]

housing court is only possession actions??

HJ is right... 3000 or less -> small claims
>3000 -> civil court.

good luck! I recently did the same and it went well.

<small>[ November 05, 2002, 02:28 PM: Message edited by: pointerout ]</small>

[rossie]

Thanks. Any tips you can offer? How much time does a landlord have before he has to return a security deposit, anyway?

[mjr203]

Originally posted by rossie:
Thanks. Any tips you can offer? How much time does a landlord have before he has to return a security deposit, anyway?

What are the time limits for returning security deposits?

"The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

Usually, a 'reasonable' amount of time is in the neighborhood of 30-60 days; however, the definition of 'reasonable' is not up to you or us to decide.

Ultimately, the return of your deposit would be decided by the Attorney General's Office or a Small Claims Court judge. If you feel you have exhausted attempts to get your deposit returned through your former landlord, you may wish to contact the New York State Attorney General's Office at (212) 416-8000."

tips:

make sure your opponent knows about the case date. if he doesn't you might get a default judgement but he can easily file an appeal that he did "not get the notice" and then you'll have to be there 2x. Small claims court is annoying. Don't go 2x.

Document all your evidence, lease, riders, photos (really essential) and have some printouts citing the wear and tear statute. Try to refute each possible damage accusation point by point.

The person who comes off as most organized and honest will usually prevail.