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Old 04-18-2012, 05:20 AM
 
1 posts, read 1,466 times
Reputation: 10

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Yesterday (April 17) my apartment crossed the threshold into inhabitable (partly because the roommate who normally plays music from 11pm-1am has apparently changed sleep schedules and now plays music from 4am-8am, but for other reasons as well).

I'm staying with a friend, and serving my landlord written notice today, but he refuses to return my security deposit--he's clearly spent it. I know I can just stay there next month and not pay him last months rent, but I'd prefer not to as its horrifyingly terrible to live there.

Do I have any options?

I rent in a private resident in Brooklyn, if that matters.
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Old 04-18-2012, 08:27 AM
 
38 posts, read 50,250 times
Reputation: 107
Legally, you are in the wrong unless there is more of a story here.

The landlord requires reasonable notice after being informed of a problem. You didn't provide it. I'm also sure you could have called the police on your roommate.
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Old 04-18-2012, 08:40 AM
 
Location: Blue Ridge
20,901 posts, read 22,725,114 times
Reputation: 8641
If you have someone playing loud music, you call the police and not the LL. If you are on a month-to-month tenency then you have to give the LL 30 days notice. Once the 30 days are up then the LL has 14 days to inspect the apartment and respond to you via certified letter of any deductions. So basically he has 6 weeks to get back to you legally. If he doesn't at that point then you can go to small claims. You are responsible for paying rent over the next 30 days as you cannot legally hold it back. Don't want to pay rent. Fine. Enjoy the reporting of it on your credit report.
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Old 04-18-2012, 01:43 PM
 
Location: Manhattan
20,182 posts, read 26,493,095 times
Reputation: 9054
Is roomate from Hell still in possession?
If so, nobody has a claim to a security deposit refund.
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