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Old 02-14-2011, 11:41 AM
 
2 posts, read 9,832 times
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I've been renting a place from a woman in her private home (she also lives there) for the past 18 months. We had a month-to-month agreement, I never signed any lease. She took a security deposit. I moved out a few days ago, and on the day that I was moving out she said she had to work (how convenient for her), so I wasn't able to get my security deposit back from her. Now that i've moved out she's making up reasons to not give me back my deposit ("You left the room dirty, you didn't clean this, you didnt clean that"). I made my best effort to clean up. She wants to take off about 200$ off my deposit for these things. I'm not going to let her do that. I want my full deposit back.

Is there anything I can legally do to get this deposit back? Whats the best way to "convince" her that it would be better for her to just give me my deposit back rather than to deal with the consequences? This is in New York state. I'm not sure if how she's renting out the rooms in her house is even legal, but i'm also not sure how to check.

Any advice would be greatly appreciated.
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Old 02-14-2011, 12:15 PM
 
4,249 posts, read 297,835 times
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File a claim in landlord tenant court. Even if it was month to month, you still paid her a deposit for security.
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Old 02-14-2011, 01:36 PM
 
3,939 posts, read 4,399,946 times
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NY allows a "reasonable" amount of time for the LL to send you a deposit disposition.

Sadly, NY does not allow tenants to sue crappy LLs for treble damages.
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Old 02-14-2011, 06:36 PM
 
Location: St Thomas, US Virgin Islands
22,480 posts, read 27,048,543 times
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I don't know what NY landlord tenant laws specify but usually the security deposit has to be returned within 30 days of quit and if any deductions are made because of damages, those damages have to be listed and receipts provided.
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Old 02-15-2011, 01:35 AM
 
Location: The not so Wild West
966 posts, read 1,682,146 times
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I'll bet money you didn't leave the place clean to her standards. And she will have plenty of reasons to deny it. Plus she probably spent your money and doesn't have it to return.
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Old 02-15-2011, 01:42 AM
 
3,782 posts, read 4,686,140 times
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Quote:
Originally Posted by peterzal View Post
I've been renting a place from a woman in her private home (she also lives there) for the past 18 months. We had a month-to-month agreement, I never signed any lease. She took a security deposit. I moved out a few days ago, and on the day that I was moving out she said she had to work (how convenient for her), so I wasn't able to get my security deposit back from her. Now that i've moved out she's making up reasons to not give me back my deposit ("You left the room dirty, you didn't clean this, you didnt clean that"). I made my best effort to clean up. She wants to take off about 200$ off my deposit for these things. I'm not going to let her do that. I want my full deposit back.

Is there anything I can legally do to get this deposit back? Whats the best way to "convince" her that it would be better for her to just give me my deposit back rather than to deal with the consequences? This is in New York state. I'm not sure if how she's renting out the rooms in her house is even legal, but i'm also not sure how to check.

Any advice would be greatly appreciated.
Small Claims court. If she does not have the money to pay your deposit back she will find it when you put a lien on the rental property and get an order from the sheriff to auction off personnel property such as cars etc.
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Old 02-15-2011, 01:27 PM
 
4,249 posts, read 297,835 times
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You dont need a lawyer. It can be done on your own thru the landlord tenant court. If you have a cancelled check for the deposit or the recepit from a money order it would help your case. If you have cancelled checks for the rent that would be good also.
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Old 02-15-2011, 02:04 PM
 
Location: St Thomas, US Virgin Islands
22,480 posts, read 27,048,543 times
Reputation: 23029
I agree. The whole purpose of small claims court is for the benefit of people to go before a judge and have the merits of the case determined based on evidence without an attorney. If you have the cancelled cheques for rent and the security deposit you're on firm ground and then she has to prove cause for not returning your security deposit. "Her standards" of cleanliness will be adjudged solely on what she presents as evidence which often don't match up with the judge's definition of cleanliness.
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Old 02-16-2011, 02:14 PM
 
2 posts, read 9,832 times
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Thanks for all of the advice guys. I think I'll just take her to small claims court and we'll see how it goes from there. Thanks again.
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Old 02-16-2011, 03:53 PM
 
15,704 posts, read 21,088,727 times
Reputation: 6729
Quote:
Originally Posted by peterzal View Post
I've been renting a place from a woman in her private home (she also lives there) for the past 18 months. We had a month-to-month agreement, I never signed any lease. She took a security deposit. I moved out a few days ago, and on the day that I was moving out she said she had to work (how convenient for her), so I wasn't able to get my security deposit back from her. Now that i've moved out she's making up reasons to not give me back my deposit ("You left the room dirty, you didn't clean this, you didnt clean that"). I made my best effort to clean up. She wants to take off about 200$ off my deposit for these things. I'm not going to let her do that. I want my full deposit back.

Is there anything I can legally do to get this deposit back? Whats the best way to "convince" her that it would be better for her to just give me my deposit back rather than to deal with the consequences? This is in New York state. I'm not sure if how she's renting out the rooms in her house is even legal, but i'm also not sure how to check.

Any advice would be greatly appreciated.
First you need to wait the official time frame before you can do anything. If she hasn't responded within 15 days (certified mail) in writing, to let you know what she will withheld and she needs to specify it.

If she does that, than you can choose to agree and she will issue you the remainder is any amount is left or you can disagree and sent a cerified letter stating you dispute the amount.

If you agree and there is money left she has 30 days to issue you the money.
After that you can file a claim in small claims court but you also have to have proof of how you left it behind and what it was like when you moved in...
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