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Old 07-29-2010, 12:11 PM
 
7 posts, read 16,693 times
Reputation: 11

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Hello,

I have a question concerning a dispute with my previous landlord. I rented the apartment in question from October 2008 to October 2009 and paid a security deposit equal to a month's rent ($1800) before moving in. When I moved out, the apartment was in good condition but I did leave behind two items (a full size bed and a small desk). Because of this, my landlord has refused to give back my deposit even after I suggested he subtract what he paid to have these items removed. I took pictures of the apartment when I moved out and still have my lease (which he never signed). What are my legal rights? I would appreciate any help you can offer.
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Old 07-29-2010, 12:19 PM
 
461 posts, read 1,941,139 times
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Quote:
Originally Posted by SA753 View Post
Hello,

I have a question concerning a dispute with my previous landlord. I rented the apartment in question from October 2008 to October 2009 and paid a security deposit equal to a month's rent ($1800) before moving in. When I moved out, the apartment was in good condition but I did leave behind two items (a full size bed and a small desk). Because of this, my landlord has refused to give back my deposit even after I suggested he subtract what he paid to have these items removed. I took pictures of the apartment when I moved out and still have my lease (which he never signed). What are my legal rights? I would appreciate any help you can offer.

You screwed yourself by leaving the bed and desk behind. Read your lease as there may be a clause that makes you surrender you deposit if you leave property behind. Also, was your rent up-to date when you moved?
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Old 07-29-2010, 01:21 PM
 
7 posts, read 16,693 times
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It's pretty vague.. it says I should remove everything but doesn't state that I would forgo my security deposit by leaving items behind. It doesn't really mention any consequence, actually.
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Old 07-29-2010, 03:04 PM
 
Location: Reno, NV
825 posts, read 2,678,756 times
Reputation: 752
The landlord will try and claim that leaving items behind meant that you didn't vacate the apartment and therefore are liable for a month's rent (the amount of the security deposit). Whether this will work or not, I don't know. You have two recourses: The New York State Attorney General's Office, or sue in small claims court. You can find info on the internet about this. Courts here tend to favor tenants, but that doesn't excuse leaving behind items. Good luck, and remember next time not to leave stuff behind!
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