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Unfair Security Witheld

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Unfair Security Witheld

Postby caraccis » Wed Apr 17, 2002 3:22 pm

I vacated my apartment 3 days prior to have someone from the building management company come and tell me if i needed to do any work in order to get back my deposit of $2700. He came and said it looked great and nothing that wasn't wear and tear. I didn't get this in writing. Now, 17 days later, they charged me $1400 to repair the floor where they claimed my dog went to the bathroom. Do I have any rights here? I specifically had someone come to my apt, and they charged me anyway?
caraccis
 
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Re: Unfair Security Witheld

Postby marty » Fri Apr 19, 2002 8:29 pm

If you have No proof, nothing in writing, no pictures to defend yourself i court with.

Then i guess this will be a very expensive lesson in covering your butt. If only you bought a few disposable cameras before you handed back the keys, if only.....
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Re: Unfair Security Witheld

Postby Brooklyn Babe » Sat Apr 20, 2002 1:04 am

Maybe try writing them a letter stating that "SO & SO" did the final inspection of the apt. on __ day, and all was fine.
Unfortunately you do not seem to have proof, but maybe you can get whoever did the inspection to admit what they said (tape conversation??).
Anyways, either you can eat the cost or sue in small claims crt. Do a search on "security deposit" in the tenant. net forum archives.
Best of Luck!
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
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Re: Unfair Security Witheld

Postby Lilly » Sat Apr 20, 2002 3:18 pm

Another story of stealing a tenants security deposit for no apparent reason other than because they can:
Was the person from the management company alone with you in the apartment? If so, then you must find a friend who will stand up as your witness to the managements representation that everything was fine and that he specifically told you you would receive your entire security deposit back.
Sneaky, yes. But so apparently is management. Play their game. Also, to justify the $1400 for the floor they will have to provide receipts. For that money they could have installed a whole new floor. Way to much $$ for a simple repair. Find someone who will be your witness.
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Re: Unfair Security Witheld

Postby caraccis » Mon Apr 22, 2002 11:13 am

I have been researching and found that if the company does not provide a detailed cost of items and labor report within 30 days of moving out, the entire deposit must be returned. So far, i have only recieved a check from them...so i am going to hold out til the 30 days and them send them their check with the that disclaimer and see what happens...i have 9 days left! THanks for the replies..and i will fight this..the managment company is VERY big and i will annoy them til i get my $$$ back....
caraccis
 
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Re: Unfair Security Witheld

Postby dakellner@kcdlaw.com » Tue Apr 23, 2002 10:19 am

If you cannot negotiate a satisfactory solution, sue your landlord in small claims court for your security deposit. The small claims procedure is fairly simple. In New York City, you go to the small claims clerk of the Civil Court in the borough where you live. Outside of New York City, the city, town or village court handles small claims. The procedure is relatively informal and your own testimony will be your evidence. Then it's up to the judge to decide whether to believe you or your landlord.
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Re: Unfair Security Witheld

Postby caraccis » Wed May 01, 2002 10:24 am

Thanks for all of your responses.....i wrote a letter stating my side and the management company called me and said they would refund my entire deposit!!!!!!!!
caraccis
 
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Re: Unfair Security Witheld

Postby sammi » Thu May 02, 2002 11:31 am

Originally posted by Renter:
I have been researching and found that if the company does not provide a detailed cost of items and labor report within 30 days of moving out, the entire deposit must be returned.
I'm having a nearly identical problem -- where did you find this disclaimer?
sammi
 
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Re: Unfair Security Witheld

Postby Beano » Thu May 02, 2002 5:23 pm

This might help you Sammi:
Click here
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Re: Unfair Security Witheld

Postby sammi » Thu May 02, 2002 10:23 pm

Thank you so much for that link -- I hadn't found that info yet. Any idea how a security deposit is affected by breaking a lease?
sammi
 
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