Broker v. landlord responsibility
Several months ago, I broke my Park Slope lease in accordance with its terms (no penalties with 30 days’ notice). My landlord was fine with it, and probably happy he was able to hike up the rent on the next tenants. Then, the 60-day period lapsed by which I was supposed to receive my security deposit. I was a good tenant for 4 years, and even helped spruce up the kitchen. Over the years, I certainly had issues that were never addressed or repaired, but nothing that made the place unlivable. I began asking the landlord about my deposit after the grace period had lapsed. He said he was adding up any late-check fees (I know in 4 years I had a few, tho not amounting to more than nominal fee, which he never charged me for) and would send me the balance ($1,600). That was it. I’ve never gotten my deposit back, never heard from him, and have not gotten a reply to three nice but firm emails, and we’re 120 days out from the end of my lease. My questions: do I have any recourse here? Small claims court? And is the neighborhood realty firm (I would love to name it here but will refrain) with whom I signed the lease responsible at all for bad landlords it represents? They have been privy to all my communication with the landlord, and of course I paid them almost twice what the deposit was. I feel like this situation is in line with some of the worst Manhattan agents & landlords, but I always thought I did better by coming to Brooklyn and dealing with a local business. Thanks for any insight or advice.
clairebear246
in Agents and Brokers 12 years and 9 months ago
7
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7 replies
bedstuytownhouse | 12 years and 9 months ago
And then when you win, go to the Blumberg website and get a form called a “restraining notice” which you can easily complete yourself. Get a copy of one of your cancelled checks that you used to pay your rent since that will have all of your LL’s bank information including account number, along with a copy of the judgement to his bank and speak with one of the managers. You can serve them with these docs yourself and they have no choice but to take the funds from his account and send to you. Will cost you $10 – 15. I did it with one of my former LL’s who pulled the same crap and had my money within three days of serving the bank. New LL was an attorney and told me how to collect…thank god.
Bklnite | 12 years and 9 months ago
I wouldn’t sweat the late fees or the interest. “Landlords are entitled to annual administrative expenses of 1% of the deposit.” Interest rates over the last 4 years have been miniscule, so the allowable adminstrative expense will be more than the interest. Tell the LL you’ll be contacting the AG and going to small claims court if you don’t receive the security deposity in x days. Go with what it says in the housingnyc.com page linked by deancollins under **What are the time limits for returning security deposits?**
clairebear246 | 12 years and 9 months ago
Thank you, all 4 of you! He did tell me my deposit was in Dime Savings Bank, but not which one, and he’s never reported earned interest to me. I will take him to small claims court. Like a total iditot–like someone who didn’t spend years living in Manhattan hovels and who should absolutely know better–I didn’t take photos of the apartment without my furniture and after a professional cleaning. I did take shots with it in, however, so maybe that will suffice (naturally, it was to help the realtors re-rent the place). Wish me luck… And thanks again!
bedstuytownhouse | 12 years and 9 months ago
Tell him that since your deposit has been in an interest-bearing account for the last four years as required, your interest earned should cover those costs. Communicate only by certified letter so he knows you mean business. Then sue him in small claims court. You’ll win.
armchairwarrior | 12 years and 9 months ago
As a landlord take the greedy clown to court.
deancollins | 12 years and 9 months ago
Everything you need is here. http://www.housingnyc.com/html/resources/faq/security.html#interest
120 days is plenty, take them to small claims and argue for treble damages for deliberate witholding.
GoodProspect | 12 years and 9 months ago
You paid the brokers to connect you with the apartment. I don’t believe they have any role or responsibility here when it comes to your security deposit. I’m writing as a landlord here. The landlord should have refunded what he said he would. Small claims court is the right way to go here. Did you take photos of your empty apartment before you left it? That would bolster your side against any damage he may claim was left.