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Rent Overcharge/Missing Security Deposit - Please Advise

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Rent Overcharge/Missing Security Deposit - Please Advise

Postby KikiTM » Tue Jan 07, 2003 5:20 pm

Before signing my one-year lease, my landlords and I agreed verbally that I wouldn't be penalized for breaking it early, as long as I found another tenant with good credit to take the apartment. As such, when I had to leave New York two months ago, I found another tenant with solid credit to take the lease and gave my landlords a half-month's notice. They complied, but asked that I pay a whole month's rent before, half of which they verbally agreed to refund. I was also told that the security deposit would be returned two weeks after I surrendered the apartment, vacated in good condition. Over the course of my stay, I had legally subletted the one room of the apartment with their full consent.
However, when we met for me to surrender the apartment, they refused to a written agreement to return the security deposit and the half-month's rent, less cleaning charges. After insulting me, they muscled me out of the office without any written agreement. They have since placated me with promises to send payment after they do the "New Year's accounting," but I have yet to see any refund.
I've learned from the new tenants that the landlords have installed a new fridge and new lighting, though they didn't repaint. I fear that my rent is going towards the improvements and that I will not recover the security deposit.
- How long do the landlords have before being required to return the security deposit? And the half-month's rent?
- Without any written agreements, other than my original lease, what can I do?
I would be very grateful for the advice. Thank you.

<small>[ January 07, 2003, 05:30 PM: Message edited by: KDSykes ]</small>
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Re: Rent Overcharge/Missing Security Deposit - Please Advise

Postby mjr203 » Tue Jan 07, 2003 6:19 pm

Send them a letter (certified/return receipt) demanding the return of your money immediately and in the meantime go to Small Claims court and file a claim for the full amount owed you. Get a court date.

I hope you took pictures of the apartment's condition. If the person that took over the apt will witness to the agreement and or condition of the apartment, so much the better.

Sounds shady.

<small>[ January 07, 2003, 05:19 PM: Message edited by: pointerout ]</small>
most Landlords suck it.
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