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We rented the upstairs of a couple's house for a year. They were cheap, had family do all the work, so the electrical work was done by a son in law. Almost the whole top floor where we lived was on one circuit. If you even sneezed on a faucet while someone was showering, you'd get burnt. And during the winter, they turned off the heat and told us to use an electric heater instead. We never complained, we just rolled with it, but now they're stealing our security deposit after asking us to leave with no notice so that they could sell the house. Didn't even tell us this was happening until right before a realtor showed up so we left 8 days later.
A previous tenant said that the apartment isn't even actually legal, that he never claimed it as a separate residence, and/or it wasn't up to a normal standard of living. Consequently, the LL probably wasn't claiming the extra $7200 a year on his taxes. The level of harassment and hell they've put me through has me wondering if there is any way to turn the tables on them. Don't get me wrong, if the guy hadn't tried to steal from me I wouldn't care what he does, we needed somewhere affordable and as ****ty as it was, it was affordable. But he's got his daughter harassing us now and he's ignoring our messages and now we've got this previous tenant telling us that the ******* might not even report be reporting the income. Don't know if this matters but we're in NYS.
Just ask for your security deposit back, if he calls your bluff he can say that he claimed it and you have no way of proving it. Or tell him you are going to go to small claims court and it will be public record when you win against him.
You need to explain what you mean by: "but now they're stealing our security deposit after asking us to leave with no notice so that they could sell the house. Didn't even tell us this was happening until right before a realtor showed up so we left 8 days later."
Are you saying you actually left the pace and didn't demand proper legal notice as required by your state law?
Also, what do you mean by them "stealing your deposit"? That means absolutely nothing to us, so explain what has happened (without the drama this time as nobody cares to wade through all that).
Are you saying you actually left the pace and didn't demand proper legal notice as required by your state law?
Yes, we panicked and left as soon as we got the chance. Told us we'd have to leave on 2/23, left on 2/28.
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Also, what do you mean by them "stealing your deposit"?
Stealing as in it is ours and they have not returned it and have stopped answering the phone and returning messages.
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(without the drama this time as nobody cares to wade through all that).
I'd like you to explain how the environment we lived in is "drama". I wrote two paragraphs, this is a discussion forum, not Twitter. I mourn the death of reading. =/ It's not just about the deposit, I'm also questioning the legal nature of renting a place without declaring it as a second residence. I know laws differ but I don't know to what extent.
To the poster above, we are filing a complaint with the attorney generals' office after they said it does sound like we have a valid complaint but I am trying to take down a list of all things I need to remember to bring up and research. So in addition to the security deposit, I'm trying to determine the legality of the apartment to begin with, thus "all the drama".
It's unfortunate that you opted to let things slide to such a degree. Forget about retaliation but you do have state law on your side where return of your security deposit is concerned (that's presuming you have a receipt for it - lease, cancelled cheque).
Follow the links and instructions for properly demanding return of your deposit by writing via return receipt certified mail. If you hear nothing back within a reasonable time frame, simply file in Small Claims court. If the LL fails to pick up the letter, USPS will return it to you and you retain it unopened to present to the court.
Whether the unit is legal or not makes no difference to your case but you are entitled to the return of your security deposit in accordance with state law.
If the LL fails to pick up the letter, USPS will return it to you and you retain it unopened to present to the court.
Thank you for this, that helps. They are currently staying in Florida but still receive mail at their NY residence and I know they have come back and will come back again to continue work on settling their property. They also have people checking their mail for them but I wouldn't put it past them to just "not get the letter".
... we are filing a complaint with the attorney generals' office after they said it does sound like we have a valid complaint ...
If you're anticipating that if the apartment you rented was illegal you'll get the rent you paid given back by a court, that's a faulty assumption. The court will make you whole to the extent of your security deposit but you lived there and no court will give you back rent already paid.
To the poster above, we are filing a complaint with the attorney generals' office after they said it does sound like we have a valid complaint but I am trying to take down a list of all things I need to remember to bring up and research. So in addition to the security deposit, I'm trying to determine the legality of the apartment to begin with, thus "all the drama".
In my completely, non-legal expert opinion, I offer the following:
Do you have written proof of the paid security deposit? Without a lease, you at least need some proof that you paid the amount, what it was for....anything in writing at all? If yes, I would suggest providing written request via certified mail, requesting return of the deposit and an itemized list of deductions if not returned in full, as applicable to your state laws (read sticky at top of forum). If he fails to respond, small claim court can follow.
If no, you're probably SOL and consider it a life lesson in always get documentation when you rent from someone, even on a month to month.
It is not for you to determine if it's a legal apartment or not. You've already been and gone. It doesn't matter anymore. Unless you're planning a tip to the IRS, in which case, do you really want to start a war? Is it that worth it to you? IMHO, let it go.
We rented the upstairs of a couple's house for a year. They were cheap, had family do all the work, so the electrical work was done by a son in law. Almost the whole top floor where we lived was on one circuit. If you even sneezed on a faucet while someone was showering, you'd get burnt. And during the winter, they turned off the heat and told us to use an electric heater instead. We never complained, we just rolled with it, but now they're stealing our security deposit after asking us to leave with no notice so that they could sell the house. Didn't even tell us this was happening until right before a realtor showed up so we left 8 days later.
Well you actually didn't have to leave. You fall under at LEAST a month to month lease agreement so at the minimum you would have to be given a 15 day notice, sometimes 30 day notice. Possibly 60 day. Depends on your state laws for tenant notice
A previous tenant said that the apartment isn't even actually legal, that he never claimed it as a separate residence, and/or it wasn't up to a normal standard of living. Consequently, the LL probably wasn't claiming the extra $7200 a year on his taxes. The level of harassment and hell they've put me through has me wondering if there is any way to turn the tables on them.
Actually if he pulled a permit after the house was built, it would be on record. You simply go to your city hall and look for the Building and Planning Department. They would have all the permits and building records for the property since it was built. The original plans might show if there was a extra bonus/mother in law quarters. Do you have your own entrance and are you completely separated with your own utility bills? If not you might want to be careful cause you were possibly renting a room. Now if the room itself is illegal addition then you can file a complaint on that.
Don't get me wrong, if the guy hadn't tried to steal from me I wouldn't care what he does, we needed somewhere affordable and as ****ty as it was, it was affordable. But he's got his daughter harassing us now and he's ignoring our messages and now we've got this previous tenant telling us that the ******* might not even report be reporting the income. Don't know if this matters but we're in NYS.
Well just so you know in case you didn't, the IRS would be very interested in knowing of someone has a income stream that they are not declaring on their taxes. They would be very very interested to know that. I think they frown on stuff like that. They even have this form you can fill out and send in. How Do You Report Suspected Tax Fraud Activity?
I would do research before you just start accusing. You're better off following the law on return of deposit. If your LL did not follow the law correctly in returning your security deposit you have a better chance to get your money than to fling accusations of illegal additions and undeclared income.
I understand you were wronged, and I also understand you feel that this might be a good way to get back at him. It's one way to get back at him. Is it a good way? I'm not sure it is.
Unless you know for sure the rented section is illegal and took a look at the LLs tax returns and saw he did not declare the income you really are going by hearsay of what other people heard or think. You are leaving yourself open for possible litigation if what you report is false. So it's something to think about.
Yes, we panicked and left as soon as we got the chance. Told us we'd have to leave on 2/23, left on 2/28.
Do you have anything in writing like a month to month agreement? Do you have anything in writing about vacating the premise? Do you have proof you paid a security deposit?
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