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Old 07-29-2008, 04:35 PM
 
10 posts, read 34,027 times
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A new landlord took over the house that I rent an apartment from and as discussed agreed to accept responsiblity for the security that I gave to the previous owner. (when my roomate moved out he didn't have to pay this new guy rent for his last month in leu of the security that he was owed) Now that I am attempting to leave (a year later) my landlord is refusing to reinburse me the security that he owes me saying that his lawyer told him that I can't do anything because I don't have a receipt for the payment. HELPPP what can I do?
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Old 07-29-2008, 04:50 PM
 
Location: Confines of the 101 Precinct
19,086 posts, read 32,666,756 times
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you gotta have some kinda proof that you paid the deposit.
returned check from the bank? money order receipt?
please dont tell me you paid cash. big no-no.
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Old 07-29-2008, 04:54 PM
 
10 posts, read 34,027 times
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i did pay cash..i guess I hadn't watched enough judge judy at that time. I am thinking of getting letters from the old roomate and the old landlord...i'm not sure if that is enough.
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Old 07-29-2008, 04:55 PM
 
Location: Confines of the 101 Precinct
19,086 posts, read 32,666,756 times
Reputation: 7563
its not, unfortunately. were you paying your rent in cash as well?
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Old 07-29-2008, 05:10 PM
 
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no all rent was paid with checks
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Old 07-29-2008, 05:20 PM
 
7,079 posts, read 33,727,881 times
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Did you get a statement regarding interest earned on your deposit from last year? The law states, I believe, that thats required...that'd prove he has the deposit...
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Old 07-30-2008, 04:05 AM
 
Location: Brooklyn
40,057 posts, read 29,713,783 times
Reputation: 10450
I once had an adventure with a landlord who thought he was going to keep my deposit. I called the Department of Housing, and they proved to be very helpful. In the last ten years or so, courts have been siding with tenants more and more often.

The catch is that landlords wrote the original tenancy laws, so going through the system is a bit of a procedure. There's a two-step process, and for the second step, you have to be willing to let the city identify you to the landlord as the complainant. Most people are unwilling to do this, and that's how they get away with stealing your money. I happened to be willing to fight, and my wonderful landlord had no choice but to return my money or cough up a huge fine.

It is a problem that you paid in cash, but whatever you can provide in the way of proof will definitely help. (And get things notarized whenever possible!)
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Old 08-03-2008, 07:00 PM
 
175 posts, read 496,973 times
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When the new landlord bought the building from the old, there should have been a reconciliation of security deposits. The new landlord should have been given a credit for taking over the liability. That would be proof if your old landlord listed it in the closing statement (which should have happened if your old landlord was honest). Fred's suggestion is a good one. I'd first write a letter to the landlord demanding your deposit back and documenting the facts (how much, when). If you can get a letter from the prior landlord, that would be good. But one thing for certain - you were really foolish to pay deposits or rent in cash and not get a receipt. It's your word against the landlord's. You should never be in that situation.
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Old 08-04-2008, 01:31 AM
 
Location: Brooklyn
40,057 posts, read 29,713,783 times
Reputation: 10450
The law also says that interest earned on your security belongs to you--the landlord is not entitled to keep that under any circumstances.
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