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security deposit questions

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security deposit questions

Postby hsansom » Thu Aug 01, 2002 3:56 pm

(The following was also posted, mistakenly, to another subforum.)

I'm having trouble getting my former landlord to return my security deposit. (The apartment was left in good condition.) I have some questions (and one thing I've learned at the end) for anyone interested:

1. Is there any way to determine whether a particular landlord has a history of not returning security deposits?

2. Are the records or transcripts of Small Claims Courts in the public domain, so we can review past cases involving security deposits?

3. Am I right in thinking that landlords are in a win-win situation (and we the tenants are pretty much in a lose-lose)? That is, if a landlord just tries to keep the deposit for an unregulated unit, the worst that can happen to him is that he is told to pay what he owed. There can be no claim for further damages. (For example, if the landlord stole your old $1500 car, he'd be guilty of a felony. But if he steals your $1500 deposit, he's guilty of nothing and only needs to return it.)

Finally, the one thing I've learned: File a complaint with the Office of the Attorney General first. If you go to Small Claims Court first, the Attorney General cannot intervene thereafter. (Got this straight from the OAG.)
hsansom
 
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Location: Brooklyn

Re: security deposit questions

Postby morriss4949 » Thu Aug 01, 2002 8:27 pm

My wife and I are new to NYC and our landlord required a $6,000 deposit on an apartment that rented for $1,500. You guessed it, he hasn't given us a cent back nor a reason why we are not receiving anything back. We went to the OAG and they told the landlord to give us our deposit. The landlord ignored the OAG, so they said there was nothing they could do. In my opinion the OAG's office is not only a joke, but they have caused more harm because the landlord is emboldened not to give us back our deposit.

Luckily my wife is a lawyer so we are persuing that option and have already caused him a ton of greif because he has been forced to get a lawyer.

If my wife was not a lawyer, we would be totally screwed.

My conclusion is this, until the law is changed, don't pay your last months rent.
morriss4949
 
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