Overseas Landlord/Security Deposit

[Laggs]

About a year into my lease, my landlord moved overseas and has not provided a forwarding address other than an email. We are approaching the end of the lease, and I am concerned that this greedy and parsimonious man will withhold our security deposit and/or use it for unauthorized repairs (e.g., repainting, although the apartment hasn't been painted during the 5 years I've lived there).

The landlord has no agent in New York/the US, and I'm concerned that if he wrongfully withholds my deposit, I will have no way to reach him in small claims court. He does not want to allow the security deposit to be applied to the last month's rent. Any advice on how we can protect ourselves, or should we just expect to kiss the deposit goodbye?

[mjr203]

just don't pay the last months rent.

[Brooklyn Babe]

I have to agree with the above, but I would write a letter sent by cert. mail, explaining what you wrote in your post.
"I am applying my security deposit to my last month's rent as contact with you has been inconsistent due to your residence in X. Unfortunately, there is no point of contact on your behalf in NY bah, blah, blah...The apt. will be left in the condition it was rented to us in, minus 5 years wear and tear. If a dispute arises, please do not hesitate to contact us at new address/phone."
Be sure to take pictures of the empty apt. when you move out -use the front cover of "Daily News" for that day in all of your pictures to verify date.

[hsansom]

Based on my experience trying to get security deposits back, I would never pay the last month's rent. If anybody wants to tell me why this is a bad idea (and I'm sure there's a reason), please tell me. Thanks.

[Laggs]

Thanks very much for all your advice. I have withheld the security deposit from the last month's rent -- I've had some communications with the landlord about it (probably too many), and expect him to be pretty pissed off when he gets the check, but that's life as an absentee landlord, I guess!