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Old 05-08-2012, 10:37 PM
 
1 posts, read 1,510 times
Reputation: 10

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I've read a few posts on this site thus far, and while I've come across some issues similar to mine I would nevertheless appreciate some guidance if anyone can answer some of my questions.

I've been renting a furnished room in a house in Plainview for the past year on a verbal agreement. While my landlord did provide me a receipt for my security deposit, after the first month she informed me that she only accepts cash for rent because she's afraid her creditors will freeze her assets if she has anything over $100 in her checking account at any given time. She has also since refused to provide receipts for any of my payments (something I know for a fact she also refused to do with a different tenant who moved out about two months ago), and gets extremely angry whenever I cite the law to her since I know that's illegal. However, for this upcoming rent payment, I was wondering if I can withhold it until she agrees to sign a receipt?

Until this point, I couldn't simply leave despite all the obvious red flags because I had nowhere else to go since due to some issues with the state my license and registration are currently suspended until May 30th.

Anyway, a few days ago my landlord asks to take the rug out of my room since she says I don't need it; I say sure, but I want it in writing that after I vacuum it it's in the same condition as it was when I moved in. She got upset and gave me 30 days notice (which would be effective on May 10th assuming she files the proper paperwork, which I doubt she will) for "being a smart-ass". If I have only been given a 30-day notification verbally, does she still technically have to serve me a written one to make such notification official? Additionally, since this is a room in a house and not an apartment, can she simply call the police to have me removed as a "trespasser"?

I happen to know that she's already in a tremendous amount of debt and owes money on her mortgage and utilities, and because of her fear of depositing money in the bank she likely hasn't placed my security deposit in such an account. Am I allowed to demand, in writing, to know the location of what is legally still my money?

Thank you in advance for your assistance!
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Old 05-09-2012, 08:19 AM
 
730 posts, read 1,658,430 times
Reputation: 1649
Quote:
Originally Posted by novusalias View Post
Am I allowed to demand, in writing, to know the location of what is legally still my money?

There is nothing LEGAL about this whole arrangement.

You can stick around and be subject to continued harrassment, having the police involved, getting locked out - all kinds of stuff.

You are dealing with a desperate landlord with very little to lose.

Try to get your security deposit back on the condition you leave as requested.

Other than that you are in for the hassle of your life if you stay there.

Last edited by peabodyn; 05-09-2012 at 08:21 AM.. Reason: grammar
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Old 05-09-2012, 08:53 AM
 
Location: Planet Earth
1,474 posts, read 3,058,271 times
Reputation: 1505
What is your goal?

By law, a landlord must accept a check and if you pay cash must provide a receipt.

You can withhold payments and force her to evict you, which could be a lengthy process. The question is, how miserable can your LL make your life while this is going on, and can you deal with it.
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Old 05-09-2012, 08:54 AM
 
Location: Planet Earth
1,474 posts, read 3,058,271 times
Reputation: 1505
Oh, and she can't just kick you out in 30 days. She has to get a legal eviction through the courts and then wait for the sheriff to come kick you out.....if you want to take it that far.
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Old 05-09-2012, 08:59 AM
 
Location: Village of Patchogue, NY
1,144 posts, read 2,990,782 times
Reputation: 616
I am not a lawyer.

Get your money back and get out, ASAP.

I'd report her to the IRS.

If she has your security deposit, great. But if she doesn't, chalk it up as the cost of hard lesson learned, and cut your losses.

I am not a lawyer.
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Old 06-15-2012, 06:11 PM
 
1 posts, read 1,381 times
Reputation: 10
Hi Novusalias,

By any chance was your landlord on Surrey Lane, Plainveiw NY? I have a similar issue (different nature in violations of course) but the landlord I recently had a negative experiences with displayed a multitude of "illegal" renting behavior. I am currently in contact with a mediation agency which offers public service and helps protect tenants and their rights, but if the landlady is unwilling to cooperate or communicate with them, then I will most likely be taking her to small claims court.

Best,
M.
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