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Can i demand Landlord to send security refund to all tenants

NYC Housing Court Practice/Procedures

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Can i demand Landlord to send security refund to all tenants

Postby chekavar » Fri Jun 16, 2017 2:44 pm

I am waiting for my security deposit to be returned from my previous lease. The lease was signed by 3 roommates as Tenant.

I am demanding the landlord to send the check payable to all the tenants. Instead the landlord is planning to send the check to one Tenant. They said this particular tenant completed the W9 form so the Landlord is planning to send to him. I was not informed about the W9 form. And there is no agreement signed by all the tenants stating that the one Tenant will receive the refund. We all paid our security deposit directly to the landlord.

I sent notice to the landlord that i will file claim if the landlord didn't send check payable to all.
chekavar
 
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Re: Can i demand Landlord to send security refund to all ten

Postby TenantNet » Fri Jun 16, 2017 2:56 pm

I do not believe the failure to complete and return to the LL IRS form W9 allows the LL to avoid paying the security deposit interest.

You can demand the LL sends the amount attributable to your deposit to you, but legally you don't have the legal standing to demand on behalf of the other two.

And the problem is that even though you had three co-tenants, there was one tenancy with three co-tenants. Or did the LL rent out rooms individually? You have to look at the nature of the tenancy.

So that begs the question, what will you do about it? You could file a case in NYS Supreme Court to force him to do that, but that will cost thousands of dollars. You could file in NYC Small Claims Court, that might be a solution, or you could contact the NYS Attorney General who might help.

I'm sure some will ask - if they get one check - then why can't you just send out checks to the other two former tenants?

And unless you've lived there 30 years or so, these days the interest is next to nothing.
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Re: Can i demand Landlord to send security refund to all ten

Postby chekavar » Fri Jun 16, 2017 3:12 pm

To clarify,

I am not looking for the interest. I want my original security deposit back.

One of my roommates defaulted last month rent, but he wants to split the security deposit check equally which is unfair, because LL already deducted the defaulted rent. I will have to claim separately to the roommates. I am demanding LL to send one check payable to all Tenants, so all of us has to endorse the check. This way i will be able to claim easily as the roommates won't be able to deposit unless i also sign the check.
chekavar
 
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Re: Can i demand Landlord to send security refund to all ten

Postby TenantNet » Fri Jun 16, 2017 3:47 pm

For the original deposit, you can file a case in NYC Small Claims Court if it was under $5,000, or go to the NYS Attorney General's office. https://ag.ny.gov/consumer-frauds/housing-issues

I do not know if a LL can legally take the defaulted rent from the combined deposit. Again, it depends on the nature of the tenancy and the nature of the lease.
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Re: Can i demand Landlord to send security refund to all ten

Postby chekavar » Fri Jun 16, 2017 4:09 pm

LL, told me to claim against the person who will receive the combined check.

To make it easier i am demanding LL to send the combined check payable to all. But they declined my request. Should i claim against LL or roommate or Both?
chekavar
 
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Re: Can i demand Landlord to send security refund to all ten

Postby TenantNet » Fri Jun 16, 2017 4:17 pm

You didn't pay the person who will receive the combined check. This is the LL's obligation.
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