Deposit return ???s
Hi All, I’m writing mainly to the landlords of the bunch. We moved out of our rental apartment on June 31st of this past summer and haven’t heard a peep from our landlady about the deposit. I spoke to her a few times regarding other matters fairly shortly after our move-out, but now she is…
Hi All,
I’m writing mainly to the landlords of the bunch.
We moved out of our rental apartment on June 31st of this past summer and haven’t heard a peep from our landlady about the deposit. I spoke to her a few times regarding other matters fairly shortly after our move-out, but now she is not answering or returning our calls that specifically address wanting to get moving with the deposit procedure.
We painted before we moved out (as was agreed upon, although generous on our part given the state of the apartment) and left the apartment in better shape than it was when we moved in. Of course, this is my side of the story, but even if she feels strongly that she can keep the full amount (over $2000) she has to follow protocol and provide receipts – am I correct on that?
I know she hasn’t rented it and I’m sure she’s putting off returning the deposit until she can get some money from the new tenants, but I doubt it’s going to happen anytime soon and I don’t feel that I should have to wait the 7 months that it took her to rent the other apartments last year.
My question is, how is it best to proceed from here? I’m in touch with the broker that set up the deal initially, and they’re being semi-helpful. I believe they’re trying, but she is a very difficult person to communicate with. I’m willing to get lawyers involved if that’s what it comes to, but of course would rather deal with more in a more civil manner. Knowing that she is not famous for her professional handling of tenant relations, I fear that not only will we never get any portion of the money back, but that we won’t even get receipts or an explanation.
Given that there is no state required time for the resolving of this matter other than “reasonable”, I guess I’m asking what “reasonable” means in your opinions/experience?
Thank in advance!
30-45 days is usually what has been held up in NY courts. I’d write a NICE letter (as a landlord, tenants who are polite and understanding are more likely to get what they want, especially quickly, then those who are like “WHY HAVEN’T YOU FIXED THIS YET I CALLED YOU 1 HOUR AGO!!!!”).
So, a nice letter, stating you really need the deposit back, hate to bother her, but you’ll need it by such-and-such, and that you haven’t heard from her, but if you don’t get it by that date, your lawyer recommends going to small claims court, which you really don’t want to do, of course, but you’re really worried about following the proper procedure or something.
If it doesn’t work, go to court, but being nice is always more effective, as there’s always SOMETHING landlords can deduct that they would usually not even notice, but won’t if you end up in court (dirty oven, hallway damage on your moveout, cracked tiles, unreturned keys, etc…).
The time period is 30 days.
I really wish we had some state legislators with backbone. When I lived in Australia, it was a requirement that the security deposit (called a bond there) be lodged with a state government agency. When the rental ended, the tenant completed a state form and the real estate agent (most rentals are managed by real estate agents) would send the form in, and the state agency would send the bond, plus interest, directly to the tenant. If the landlord wanted to claim part of the bond, s/he had to apply to the state, and there was potential for a hearing. This is considered consumer protection in Australia, there were just too many landlords trying to keep the bonds (or making bad investments with them) and the government felt it had to step in.
When this happened to me, I filed a claim in small claims court. It was years ago, so the details are hazy but it only cost about $25 at the time. As soon as the landlord received the notice, the check arrived within days. HIGHLY effective. (PS it was also for an apt. on Henry St…)
I agree with sending a formal letter via certified mail.
I had a former landlord who was “forgetting” to return my security deposit who managed to get me the check less than a week after receiving my letter.
My theory was the landlord (a company) just “forgets” to send all security deposits until the former tenant shows signs of not forgetting as well. I guess it is win-win for them. In the worst case, they get to hold onto the money a little longer and get some interest on it, and in the best case, the tenant forgets all about it or doesn’t know how to follow up and they get to keep the whole thing.
There really ought to be penalties for late returns of security deposits (e.g., interest charged at prime + 8% for each month delayed).
Be sure to document your conversations (i.e. keep a written record of date, subject, etc.). You will be in a much better position legally if your exchanges take place in writing, and if your letters are sent by both certified and snail mail. Your letter should clearly state your position and include a deadline (i.e. security deposit to be returned within 30 days with no deductions, terms of the lease were met, proper notice given, apartment left in broom clean condition, etc.). Clearly, the landlord is not entitled to rely on or withhold your security deposit until she finds a new tenant. You might do well to include the full link, or at least this extract and citation from the link Smokychimp provided: “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” or to include the following extract and citation from page 9 of the Attorney General’s tenant’s rights guide:
http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf
“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. The landlord is obligated to return the security deposit whether or not the tenant asks for its return.”
When you write to your former landlord send the letter certified mail so that there is a record of her receiving it. Most landlords recognize a certified letter as the first step in a paper trail for a legal action and will respond fairly promptly. Of course if she’s clueless it won’t help, but you have the first step in a paper trail. She’s not allowed to keep your money, that’s the bottom line. If you left at the end of a lease or with the appropriate notice for a month to month, then she can’t claim unpaid rent, and her inability to relet the apartment is not your problem. There are loads of tenant advocates hanging around housing court, you could ask them for advice too.
It is only a felony if there are more than 3 units in the building.
If it is less it is not required.
You might end up in small claims court getting your money back with the consent of a judge. you can do the case with no lawyer. it is simple.
…and a link to the NYC Rent Guidelines Board:
http://www.housingnyc.com/html/resources/faq/security.html