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Security Deposit Problem

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Security Deposit Problem

Postby Missy44x » Fri Dec 06, 2002 6:22 pm

Hello,

A woman that works with me is having problems with her landlord and the security deposit. She vacated the building about 5 days ago and requested for her security back but the landlord refuses to give it. He told her "I have no money"...can you believe this guy??? I told her to keep the apartment key until he gives it back. She cleaned the place like the first day she moved in...I was trying to locate laws on security deposits and what the proper time is on returning it once a tenant has left- does anyone have that info? She lived in Queens and she did not sign any lease agreements.

Thank you for your advice.

:)
Missy44x
 
Posts: 2
Joined: Fri Dec 06, 2002 2:01 am
Location: Queens

Re: Security Deposit Problem

Postby mjr203 » Fri Dec 06, 2002 6:56 pm

he was not supposed to comingle the deposit money with his own

she should take him to small claims court immediately. this is why most people on this board suggest never paying your last month rent if you can avoid it. small claims is a hassle, as is collecting but it's pretty much the only way. I suggest she send him request for her security deposit in writing (certified, return receipt) as well so she can provide that at small claims.

how come she didn't have a lease? if she did not cashed rent checks and security check should stand in lieu of that written agreement. Was this a stabilized apt? non-regulated apt? was it a legal apt?

-pOINTEr

<small>[ December 06, 2002, 05:58 PM: Message edited by: pointerout ]</small>
most Landlords suck it.
mjr203
 
Posts: 393
Joined: Fri May 10, 2002 1:01 am
Location: BKLYN

Re: Security Deposit Problem

Postby ari617 » Sat Dec 07, 2002 1:35 am

Here is the deal: DO NOT begin small claims court. she will lose. The landlord (in NYC) has a "reasonable amount of time" ( b/t 15-30 days) to return the security. But this is AFTER she has returned the keys. Holding the keys hostage does NOTHING. He will change the locks, remove the cost from her security ($150) & (I'm sure with proof that she's vacated) prove that she left of her own free will & refused to return the keys, proving her to be uncooperative. She is walking a fine line here......under no cirmcumstances should you hold the keys hostage...it's just going to make her case harder if she does take him to court......IF he hasn't returned the security in a "reasonable amount of time".

#################

I am not a lawyer, but I have a lot of experience in this situation as I am the sole tenant of my apt.'s lease & have had month to month tenants who pulled this "keeping the keys' thing. I am aware of landlord/tenant rights.
ari617
 
Posts: 10
Joined: Sun Nov 17, 2002 2:01 am
Location: Queens

Re: Security Deposit Problem

Postby Missy44x » Wed Dec 11, 2002 9:39 am

Thanks guys,

I will fwd the info too her...she did return the key a few days ago and now he is going to charge her one weeks rent for not returning it. Anyhow- I was also wondering if their was anyway or any law protecting her from going back into the apartment to take pictures? She left the place very clean and I am worried when going to small claims court he will make up some story about how messy it was etc...anyone know?

Thanks!
Missy44x
 
Posts: 2
Joined: Fri Dec 06, 2002 2:01 am
Location: Queens


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