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Landlord Holding Security Deposit

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Landlord Holding Security Deposit

Postby sirwoj » Fri Mar 07, 2008 1:15 pm

Hello All,

My former landlord is holding my security deposit. I shared an apartment in Westchester with two other people for more than a year. There was no written lease and I decided to move out in November of 2007. I gave the landlord oral notice. Two days before I left the landlord said that he would keep half of my security deposit because I was moving out one month before the the people I was sharing the apartment with. I've sent two letters to my old landlord and he refuses to refund my deposit. There was no damage to the apartment and all rent was paid. I wrote a letter and got a case number from the Westchester AG but they have not replied since. Do I have a case for recovering my deposit plus damages?
sirwoj
 
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Joined: Fri Mar 07, 2008 1:09 pm

Postby Monipenny » Thu Mar 20, 2008 6:47 pm

In this case, what should have happened. The other tenants had to give a proper 30 written notice to vacate along with their rent for the following month, given at least 30 days and no later than the first of the month or when rent was due. You said their was no damage to the apartment, was it left as clean as it was prior to moving in? I am assuming that you and your roomates all paid a depost together, each his own share to the landlord, another words you each didn't pay a seperate deposit? The landlord had 30 days after getting possession back from the other tenants to send all of you a security deposit settlement statement and refund of the deposit if any was due back, check made payable to the names of all tenants that rented it. What you first need to make sure is that your roomates didn't get and keep the money, leaving you out. Your landlord had no right to say, I am keeping half of your deposit for......(whatever his excuse) unless of course, your roomates were not responsible for your part of the rent after you moved out. Example, say the landlord rented out rooms individually, each of you responsible for your own part of the rent, in this case, the landlord had a right to keep your deposit since you didn't give proper 30 day written notice. If you were entitled to your deposit back and have not seen even a security deposit settlement statement, check with your roomates on this. Then proceed to file a small claim civil suit against the landlord, if he wrongly withheld your deposit, you may be awarded double or triple the deposit amount depends on your State.
Monipenny
 

Postby cardinalfang » Sun Mar 23, 2008 10:57 am

New York has no statute that requires a security deposit be returned within 30 days or any other specified period of time. If there is no basis for withholding the deposit, it must be returned within the time provided in the lease, or if the lease is silent, within a reasonable period of time.

Some local laws do address security deposits, so one should check village/town/city/county codes that may apply.

Were you renting the apartment together with the others as your cotenants, or renting a room from the landlord individually?
cardinalfang
 


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