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Question re: Security Deposit

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Question re: Security Deposit

Postby DMcDonough » Tue Mar 04, 2003 2:26 pm

Hi all, I just posted earlier re: a nonpayment action -- I have to go to court even though I paid everything I owe and wanted to know what to do.

I also had a question about my security deposit. When we moved into this apartment, (multiple dwelling apt. complex with a lease that was renewed once already), we paid 1 1/2 months security. My understanding is that this money was supposed to be put in an interest bearing bank account and returned to us when we moved, unless there was damage, at which point the money needed to make repairs would be taken out and the balance given to us. The problem is that although there is a spot on the lease where the landlord is supposed to tell us what bank our security deposit is kept in, and we are (from what I understand) supposed to get a statement from time to time telling us what funds are in there (and we have never been given one in the almost 2 years that we've been in this apt.). How do we find out how much of our security deposit is in the bank, how much interest, etc., so that if we are asked to leave despite the fact that all we owe is paid, we can get our deposit back? We haven't damaged (in fact we have improved) the apartment, and like I said, we are upset that we have to go to court because all rent in arrears, including late fees, were paid off in full as of Friday afternoon. (we were served with the petition the next business day, mon.)

If we don't owe any money and the apartment isn't damaged and there is still time on our lease, can they still kick us out for being a "nuisance" given that we had a problem and had to go on a payment plan, and if so, do we still get our security back, and how do we know how much security (and interest) we are entitled to get back if the LL did not give us the name of the bank, the account no., etc., that our deposit is supposed to be kept at?

(My suspicion is that even though this is the law, most people only get one month's rent back when they move out, no matter what the lease says, and that judges don't enforce the interest bearing account/security with interest thing.)

Please share some of your experience/information on this.

Thank you,
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Joined: Tue Mar 04, 2003 2:01 am
Location: Queens, New York

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