Unresponsive Landlord

[mbklyn]

My roommate and I have been living month to month for the last 3 years. The first year we lived here under a lease. We gave him notice on April 30 that we would be moving out at the end of May. He has 2 months security deposit at the original rent. I have called him every day and sent emails to him as well but he is totally unresponsive. We've already decided to not pay this last month's rent so we can at least get that part of our security deposit back. If he continues to ignore us, how can we get the rest of the deposit back? Is there any sure route? It looks to me like small claims court isn't even a definite.

Please help! Thanks!

[concord]

You are not only entitled to your security deposit back but you are also entitled to the regular bank interest accrued on it (minus 1% of the interest as an administrative fee to the landlord). DHCR can provide you reference materials.

However, you must take the landlord to court for this. Small Claims can handle it. In court you must present, security deposit receipt or the check, something official showing how much interest an average NYC bank would have paid out annually (if you want the interest), and proof that you vacated the apartment no sooner than the date that you are declaring in court.

The landlord may lie in court and say that you vacated the apartment much sooner than you did. So, that way he could demand more of your security deposit to make up for your leaving early. You will have to get creative here.

You are enttiled to your money if you win the judgment even if you no longer live in that building.

The court filing fee is about $35.00. Long lines – a real hassle.

[delena76]

Start sending him certified letters in the mail as well (even if he lives in the same building as you).

[brooklynblondie]

You are not entitled to interest if the building is less than 6 units and the landlord did not deposit the deposit in an interest bearing account.

[Cranky Tenant]

You are not only entitled to your security deposit back but you are also entitled to the regular bank interest accrued on it (minus 1% of the interest as an administrative fee to the landlord). DHCR can provide you reference materials.

According to http://www.dhcr.state.ny.us/rent/factsheets/orafac9.htm

The owner must notify the tenant of the name and address of the bank and pay the tenant the full annual i interest, less 1% of the security deposit per year for the owner's administrative costs.

NOT 1% of the interest.

[concord]

CRANKY,
Thanks for the correction about the 1% interest.

BROOKLYNBLONDIE,
Where does it state that a landlord of a building, containing less then six units, is not obligated to deposit the money into an interest bearing account for the tenant?

[Cranky Tenant]

CRANKY,
Thanks for the correction about the 1% interest.

BROOKLYNBLONDIE,
Where does it state that a landlord of a building, containing less then six units, is not obligated to deposit the money into an interest bearing account for the tenant?

In the Tenant.Net Reference Section
New York Practice Series - Landlord and Tenant Practice in New York -- Daniel Finkelstein; Lucas A. Ferrara

Chapter 7. Security Deposits

II. Additional Rules for Residential Security Deposits
§ 7:32. Generally
§ 7:33. Security deposit must be held in an interest-bearing account in a New York state bank
§ 7:34. --Exception: fewer than six dwelling units

[concord]

Cranky,
Thanks the point of reference.

The paragraph § 7:34 also refers to § 7:47 and § 7:56 which clarify that even in a building with less than 6 units the landlord must hold the deposit in an interest bearing account for the tenant if the tenant is regulated. For some mysterious reason the unregulated tenant loses this right.

What bullshit - the law basically forces the tenant to subsidize the interest collecting small landlord with the interest on the security deposit. It's a zero percent loan to the landlord by the tenant.