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My daughter just moved from one apt. to another in Manhattan. She is having difficulty getting her security deposit back. Which agency regulates and oversees issues like this?
Thanks.
Now you know why so many of us use the Security Deposit as the last month's RENT. It just seems a LOT easier than hiring a lawyer to sue the landlord. Of course I imagine there are one or two people still in New York City who actually TRUST their landlord.
I'm not sure of New York rules but New Jersey awards DOUBLE the security deposit to tenants who do not get the owed security deposit within 30 days.
Is he stating any specific reasons for not returning the security deposit, or is he just being evasive?
Does she have any photos of the apartment from when she moved in versus now? If she painted or made changes to the apartment he has the right to keep a portion to repaint, etc. However, many landlords do simply try to be difficult.
Is he stating any specific reasons for not returning the security deposit, or is he just being evasive?
Does she have any photos of the apartment from when she moved in versus now? If she painted or made changes to the apartment he has the right to keep a portion to repaint, etc. However, many landlords do simply try to be difficult.
Here's the full story:
There are 3 girls (college students) sharing the apt. My daughter moved out at the end of her lease. The other 2 renewed it and recruited a new third. Each of the three signed a lease with the landlord initially, including parental guarantors.
I spoke with someone at the landlord's office who said since all 3 didn't move out, the lease is still active and it should be settled amongst the 4 of them (which hasn't worked as there are some "issues" between them.) I believe it's the landlord's responsibility to pay us back, as we have a contract with the landlord, not the other tenants.
No,
I do not think your daughter can "separate" herself from the others. The landlord gets to keep the security deposit until the apartment is vacated.
Any dispute over the security deposit must be settled among the tenants. A landlord cannot be expected to referee conflicts between his tenants.
You should really just have the new roommate pay your daughter what she would of payed the land lord for the security deposit.
^^^This of course is the solution. But Small claims (if needed) is the best and cheapest way to harass the roommates. For $20 you can initiate a proceeding that will order that person to appear in Small Claims. New York City Small Claims Court
I would serve the former roommates and "Jane Doe" unless she knows the new one. Essentially she is living off your daughters dime unless the other 2 pocketed the new security. Unless the Landlord specifically stated that he was opening seperate security accounts for the three girls he probably has no legal responsibility to return a portion or even a legal right to do so since that money in theory belongs to the tenants who reside in that apartment.
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