we have been asked to leave our apartment, on good terms with our landlord. however, when we moved in we knew him personally and never signed a lease. over the course of 2 years, 2 windows have been broken, but other then that the apt. is in excellent condition. i was talkin to my landlords daughter and when i mentioned the sd (it was $1000) she laughed and said we werent getting it back bc of the windows. so i asked my bf if we were getting it back and he said he didnt think so. I have yet to ask my landlord, but without a lease and with no receipt of the $1000, how will i be able to prove that i deserve a good portion of my deposit back? ..another thing mentioned was that we would fix the windows (this was mentioned to the daughter) and she said dont bother that he was keeping the money because he was upset it happened to begin with. not bc he needed it to be replaced. is this fair? btw we live in new york state. please inform me!
2007-11-25 04:50:55 · 11 answers · asked by Tabby* 4 in Business & Finance ➔ Renting & Real Estate
So let's see...
(1) no lease
(2) no proof of deposit
You need legal aid. There ARE rules about renting without a lease in many states- you MUST contact legal aid to find out what steps to take.
If you paid by check, a copy of the check will prove you gave him $1000. If you wrote DEPOSIT on it that would be a good thing.
Either that, or kiss the money goodbye and learn from this lesson.
2007-11-26 02:45:02 · answer #1 · answered by Sagebrush Kid 4 · 0⤊ 1⤋
Repair the windows at your own expense, and keep the receipts. When you vacate the premises, be sure that you keep an ample supply of photgraphs of the condition in which you left the apartment. The more, the better. If he refuses to return your security deposit, take him to small claims court with your assorted documentation. Unless he can prove that he deserves the deposit for a legitimate reason, the courts will rule in your favor.
Have you a copy of your original check with which you paid the deposit ? If not, you MIGHT be in trouble, since the landlord could claim that you never paid one to start with.
(Sorry that I didn't see the part of no receipt of the $1000 before I posted.)
2007-11-25 05:31:13 · answer #2 · answered by acermill 7 · 0⤊ 1⤋
Your so called "friend"/landlord most likely set you up from the beginning so he could keep your $1000. Did he ask you to pay him cash too? I'm sure... That's why he never showed you a lease or a receipt for the deposit while playing "friendly". And that's why he doesn't care if you fix the broken windows either... He's "upset" you broke them "to begin with" so he'll keep the deposit ?? He has no right to do that ! Please...I can smell the creepo from here big time and a thief too....
There might be some illegal things that you can nail him on if you can prove it... but without a lease it's like you never lived there. If you have proof that you lived there by producing a phone bill, gas bill, or mail, ups, received at that address (sent to your name), I believe you could take him to court... (neighbors who can testify you lived in the building can help) I'm pretty sure the city's ordinance doesn't allow him to rent to anyone without a legal contract. Call a renter's rights office in New York, they'll answer some questions for free...
Post how it went and good luck.
(Please, kick this low life's teeth in for me... I doubt if he's got any...)
2007-11-25 05:16:11 · answer #3 · answered by thasaintamour 4 · 0⤊ 2⤋
I am not sure how you can get your money back. You might want to check with an attorney that will talk to you for free the first time, or you will have to try taking it to court. I know as a person that was a landlord. The security deposit is to be used for damages in the rental unit, but any unused money should be returned to the tenants. He has to give you a receipt of what the money was used for. Hope it works out for you
2007-11-25 04:59:06 · answer #4 · answered by davesangel 2 · 1⤊ 0⤋
If you have zero proof that you even gave a deposit...you'll probably have little luck with receiving it back. If the landlord was sneaky enough...he could claim you never gave a deposit (since you were friends) and sue for the broken windows. I would just let it go and chalk it up to a lesson learned.
2007-11-25 09:26:43 · answer #5 · answered by LILL 7 · 0⤊ 1⤋
use google to find and read NY tenant law. it covers the damage deposit, etc. and likely has full procedures spelled out.
as to proving you paid the $1,000 -- did you give him cash? [that's a no-no]. Is/Was there a witness?
***
the 'usual' rule of law is that any agreement or contract relating to real estate must be in writing. Tenant law does have (in most states) a provision for the case of no written lease -- usually it specifies minimum terms and rights.
This may or may not hold in NY
2007-11-25 05:06:57 · answer #6 · answered by Spock (rhp) 7 · 0⤊ 0⤋
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2016-09-30 03:38:56 · answer #7 · answered by cluff 4 · 0⤊ 0⤋
if you paid with a check and/or get a receipt or not, you can still go to small claims court and let the judge straighten it out.
subpoena their checking & savings acct for that week of the payments and if it shows upthere, you have enough evidense to persue a lawsuit in small claims and moreover win.
If the LL used insurance to actually pay ofor the damage that is another issue too.
I can't imagine a LL would be that laxed to not give a receipt, accept monies as a norm in the business trade and not acknowledge it all in one.
as a LL, I use the structural damages on my insurance and the losses such as deductables and they and they alone are bore by the tenants deposits for the damage they committed.
as a rule of thumb, if the LL has continued to accept deposits as a normal way of doing business...I'm sure they will not wish to face you in court if it all comes to that.
2007-11-25 05:31:39 · answer #8 · answered by CW L 3 · 0⤊ 2⤋
Talk to the landlord again with a friend witness (not your daughter) and a running tape recorder in your pocket. Casually joke about the SD and see if you can get him to say the amount of the SD and the reason for not giving it back on tape. That will get it back in the end because if they lie about it in court you have instant backup.
2007-11-25 05:15:06 · answer #9 · answered by bonniegreen 2 · 0⤊ 2⤋
If you have no lease and no receipt for the damage deposit, you are dependent on the landlord's good intent.
2007-11-25 05:05:52 · answer #10 · answered by Anonymous · 0⤊ 1⤋