Landlord refused to give me deposit! HELP!!!!?

Question

I moved from NY to TX in 8/07. My landloard in NY still refused to give me my $1200 deposit. I called + email. He keep postponing it. Now he don't even answer my call + email!!!! It's been over 3 months. Any legal action I could take?

Answer 1

The only way to force it is to sue and win in small claims court.

In order to do that you have to return to NY for the court date. Your travel expenses are not claimable. It may not be worth it.

Email is NOT legal notification. Send him a certified letter with your new address and request that he send that. At his point in time you can not prove that he knows where to send the check if you have not established legal contact.

Answer 2

If you moved into the property after June 2007, by law your deposit has to be protected and put into a deposit protection scheme. If your landlord has not done this, take him to court and the judge has no discression, he has to order him to pay three times the deposit back to you. You should also get your extra rent payment back. Get in touch with someone like Shelter or talk to your local council's private tennant officer. They should give you the best advice.

Answer 3

Your recourse is as follows. First you need to address this in writing sent Certified Mail RRR to your former Landlord and request the return of your security deposit. In the letter give him your new address in which to send the deposit to. If after 30 days your LL has not addressed this issue to you in writing documenting why they have chosen to not return your security deposit due to excessive damage above normal wear and tear, you left owing money etc then they should by law return your deposit, they cannot legally hold it.

This is from the NY Tenant Landlord Law and what you should do to get the return of your security deposit. I'd do both of these simulataneously, however, they might ask if you have addressed this in writing to the former Landlord.

What are the time limits for returning security deposits?

The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

Usually, a 'reasonable' amount of time is in the neighborhood of 30-60 days; however, the definition of 'reasonable' is not up to you or us to decide.

Ultimately, the return of your deposit would be decided by the Attorney General's Office or a Small Claims Court judge. If you feel you have exhausted attempts to get your deposit returned through your former landlord, you may wish to contact the New York State Attorney General's Office at [phone].

For more information on small claims court in New York City, see these two resources here and here as well as this guide (in pdf format*) on recovering rent security deposits and interest in Small Claims Court.

RENT SECURITY DEPOSITS
If you seek to recover your rent security deposit, note that the landlord is entitled to withhold a sum to cover any unpaid rent and/or tenant-caused damage to the apartment. You should gather any proof you have, such as cancelled checks and receipts, that you paid all rent you owe. If the landlord claims you damaged the apartment, you might demand production of repair receipts. The court might permit you to introduce photographs showing the condition of the apartment when you left it.

Answer 4

In Texas you have 30 days in which to refund a deposit or provide an itemization of deductions. Go on line for the NY Property code and find out the time limit. You may have to sue in small claims court.

Answer 5

A lawyer will cost too much to pursue 1200. Its a small claims issue. YOu could get the legal code for a landlords repsonsibility in releasing or itemizing deposit with reciepts and send a formal, registered letter to the landlord.

If he refuses you would have to go to small claims.

Report him to the state.

Good Luck

Answer 6

Small claims court is a good option, except that you will have to show up in court, and they are famous for changing the dates. If the court decides in your favor, it is still your responsibility to collect the money. That will be hard to do long distance.

Check with the State of New York to see if there is a board or commission that deals with landlord complaints. They may do the hard work for you.

Good luck.

Answer 7

You need to go over your contract w/ a fine tooth comb to see how long they had to return the money to you. If it was an apartment property (w/ management company) then you should have a tenants council in NY that you can contact. If it was an individual owner, then it may be a lot harder to obtain the money and I would recommend contacting an attorney and go from there.

Answer 8

you can take him to smalls claims court, if you win this dose not mean you will get your money back, it only means a court says it is due to you. Sorry, he's in NY your in Texas, I don't think you will ever get your deposit returned to you. Also he may claim that he had to do repairs after you left and used the deposit to repair damage caused by you.

Answer 9

Call the Local news and expose the landlord. He will be so embarrass about you telling how crooked he is he wont have a choice but to give your $1200 back. Also go online and look up NY renters rights there is a book for every state.

Answer 10

Your question is confusing. First you state that your landlord has refused to return your deposit, and then you state that he keeps postponing it. Which is it ? Has he agreed to return your deposit and is postponing doing so, or has he flatly refused to return same ?

If he is refusing to return the deposit, you are entitled to ask why and be informed of damages he is charging you for, unpaid rents, or whatever his reason is.