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The OP lost his security deposit because he failed to provide his LL with 30 days notice, as required by law.
If the OP had provided proper 30 days notice, the LL w/h been legally required to return his security deposit, less any costs for damages, and including interest earned.
As it was, because the OP failed to provide 30 days notice, the LL was legally entitled to convert the security deposit to rent, compensating for the lack of notice.
The OP screwed up and F'd himself! He chose to move w/o regard of the LL. You cannot legally do that. Anyone who thinks or feels this is wrong, is an idiot of enormous proportions!
Moreover any w/b forum lawyer dispensing advice s/h been capable of discerning the facts as they were, despite the OP's prejudicial telling.
Btw, you do NOT need to have the notice "signed" by the LL. What you need is PROOF that you provided written notice to your LL. By mail, certified, return receipt will do fine. Nothing more required.
The OP is a numnut, even after having gone to court, he doesn't comprehend the law, nor the fact that he put his LL in a bind.
The thing to realize is that stupid people are at a disadvantage in trying to progress in life. They fail at life and consequently, to the chagrin of LLs everywhere, the stupid comprise the majority of tenants.
Which is not to say that tenants are stupid, rather that the stupid are tenants! If you didn't get that, then you must be a tenant....
Hi, I am wondering if anyone can help me, we just spent 9 days in New York where we rented an appt, on our departure I emailed the owner and told him of 1 piece of damaged goods, which costs less than $7 , now he has came up with pictures of broken items which I never even seen in this appt and has billed us for almost the full deposit,I dont know what to do as there was no written agreement as we rented through an agency in the US which I now belive to be against the law to sublet for less than 30 days.
Please please someone give me advice on what to do next.
thank you.
Hi, I am wondering if anyone can help me, we just spent 9 days in New York where we rented an appt, on our departure I emailed the owner and told him of 1 piece of damaged goods, which costs less than $7 , now he has came up with pictures of broken items which I never even seen in this appt and has billed us for almost the full deposit,I dont know what to do as there was no written agreement as we rented through an agency in the US which I now belive to be against the law to sublet for less than 30 days.
Please please someone give me advice on what to do next.
thank you.
Not much you CAN do except accept the cost of the deposit as the price of a lesson learned.
When landlords get their hands on your security deposit they are often very loathe to let go of it so they make up excuses to keep it and say basically: "Sue me." They know full well that most of their victims will not.
Deposit $ 200 , Yes I have learned a very expensive lesson, on both agency and landlord, next time I will be more cautious , then again there may not be a next time as this has left a sour taste.
Thank you so much for taking the time to reply.
Much appriciated.
Building is forcloused but landlord never return the security deposit in new jersey but he lives in ny i went to small claims in nj got the decision what should i do to get the money from him to ny
This is why I hate the idea of giving random schmoes security deposits. No guarantee in the world you'll ever see that money again. Once you've forked it over you're basically rolling the dice that they aren't scumbags who'll dick you over. If it gets to point of legal action, you're usually better off just not wasting your time chasing dirtbags and chalk it up to being an expensive lesson.
Landlord won't give back my security deposit.
I have a reciept he gave me for it
This is a private house, no lease or anything.
Has anyone experienced this and can tell me what happened?
How do I apply to court?
Did you get your money back?
How long did it take?
etc . . .
Thanks........................
If you can prove it you win---assuming all of the other things discussed here are in order. Where are you in the process--- ie how long ago did you move out
Deposit $ 200 , Yes I have learned a very expensive lesson, on both agency and landlord, next time I will be more cautious , then again there may not be a next time as this has left a sour taste.
Thank you so much for taking the time to reply.
Much appriciated.
You understand I hope that what you were doing was participating in an illegal activity probably (anything less than 30 days in most cases can not be rented out) and thus no one can help you out- Next time stay in a hotel.
ONE ADDITIONAL QUESTION: When you did your research had you ever heard that this might in fact be illegal to rent under New York City Law.
That happened to me. I went through the city Department of Housing. There's a two-step process involved, the second step of which involves identifying you as the complainant; it was explained to me that this is where most people drop out of the process, because they're afraid of their landlord.
Not being a member of that club, I elected to pursue the complaint. Since I was right and my landlord (a greedy pig if ever there was one) was wrong, he wound up faced with the prospect of a court date and some heavy fines--much more than my security. And so he turned the money over to me.
By the way, you should be aware that when your landlord deposits the security in a bank and it earns interest, that interest belongs to you, no matter what. Most landlords figure that tenants aren't aware of this little legal item, and put that interest money in their pockets. So when you've initiated your complaint, make sure that the interest money on the security is stated in addition to the security principal.
how much interests can you make out of deposit? 3 dollars per year?
Building is forcloused but landlord never return the security deposit in new jersey but he lives in ny i went to small claims in nj got the decision what should i do to get the money from him to ny
go back to court and ask for a judgement to seize his house and assets
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