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Old 10-12-2008, 04:57 PM
 
1 posts, read 3,036 times
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I moved out of an apt in Brooklyn at the end of August with the place in good condition. My landlord says he sent the security deposit check to the address i gave him, but nothing has come. He doesn't answer or return my calls. Its been over a month. How do i proceed from here? I asked him, in a voicemail, to cancel the the "sent" check and send a new one. No luck thus far. Please let me know if you have any insight. Thanks
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Old 10-12-2008, 06:55 PM
 
3,225 posts, read 8,570,985 times
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Quote:
Originally Posted by ctb123 View Post
I moved out of an apt in Brooklyn at the end of August with the place in good condition. My landlord says he sent the security deposit check to the address i gave him, but nothing has come. He doesn't answer or return my calls. Its been over a month. How do i proceed from here? I asked him, in a voicemail, to cancel the the "sent" check and send a new one. No luck thus far. Please let me know if you have any insight. Thanks
Other than hiring someone to shake him down for your legally due proceeds - and I don't recommend that option - I would suggest that you continue to go after him repeatedly. If this persistence doesn't pay off, then legal recourse might be your only option.
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Old 10-12-2008, 06:57 PM
 
7,079 posts, read 37,934,251 times
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You can send a registered letter...At least you'll have proof then that you notified him.
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Old 10-14-2008, 04:59 PM
 
15,595 posts, read 15,655,549 times
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I agree that you should write a leter, though personally I don't think it's necessary to register it. But the letter should be a formally laid out letter, perfectly typed, perfectly polite, but serious. It's only been a little over a month, so don't get prematurely nervous. Especially because he says he sent a check, so he's not claiming that you're not owed anything. And of course keep a copy of the letter.
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Old 10-14-2008, 05:11 PM
 
7,079 posts, read 37,934,251 times
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I'm not a lawyer, but if you don't have a registered letter, which requires signing by the recipient, and a return receipt you have NO proof that you sent him the letter.
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Old 10-14-2008, 07:55 PM
 
1,669 posts, read 6,397,710 times
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It took almost six weeks to get my money from the landlord when I vacated. I was told that the money was held in escrow and had to go through a process. Do send your former landlord a certified letter for proof. I don't know why he will not answer your questions and this is not professionalism.

Good luck!
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Old 10-14-2008, 09:25 PM
 
341 posts, read 902,398 times
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Quote:
Originally Posted by arussell View Post
It took almost six weeks to get my money from the landlord when I vacated. I was told that the money was held in escrow and had to go through a process. Do send your former landlord a certified letter for proof. I don't know why he will not answer your questions and this is not professionalism.

Good luck!

Professionalism is not the issue it's greed and outright thievery. When I first moved to San Fran I stayed near the downtown/Union Sq. area where a lot of tourists stay. These tourists rent for about a month, many times and have to place a security deposit just like a full lease. When they leave they usually return to Germany, Japan and many other far away places. The landlord promises to mail the security deposit but instead pockets it and considers it a done deal.

In my case since I lived close by when I moved, I was in a position to personally swing by the place since he kept lying to me telling me the check's in the mail when it was never even cut. It took over six weeks and many phone calls to finally get my money back.
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Old 10-15-2008, 08:50 AM
 
274 posts, read 1,108,666 times
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Search for the New York State Attorney General website. Download the landlord complaint form.
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Old 10-15-2008, 03:57 PM
 
Location: Brooklyn
40,050 posts, read 34,592,281 times
Reputation: 10616
I had a similar problem. You can go through the NYC Department of Housing--they instructed me as to the proper procedure to follow, and sending a registered letter is definitely what you should do. (There's a two-tiered procedure, and the second tier allows the city to identify you to the landlord as the complainant. This is where most people drop out of the process and allow the landlord to keep their money. I personally went ahead with it; I didn't care if he knew I was the one complaining, because I intended to get my money back from him. I did, and how he felt about it was not my problem!)

Also, be aware that the interested earned on your security is yours; the landlord has absolutely no right to it, even if he/she comes up with some kind of ruse to withhold any part of the original deposit.
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