Landlord trying to withhold Security Deposit

[Taxi guy]

Everything you always wanted to know about security deposits.
NYC Rent Guidelines Board

Most should be pleased to know that if the landlord tells you, woops, they spent your security deposit, it is advisable to live out the last month.

[nightnurse613]

Hey that's good to know but the tenant who has a landlord who tells the tenant that he spent the security deposit has a fool for a landlord An admission like this would rarely come until the return of your deposit is due and by then you've lived out your last month! IF it happens or IF the landlord agrees, in writing, to you using the security deposit as the last month's rent then- - go for it!!

[Rogerthat84]

Originally Posted by jcoltrane

Well, lets deal with the facts:

You admit that the Ll spoke to you about the issue. So, obviously there must have been some leakage, apparently due to rain. Otherwise, why did the LL mention it to you in the first place?

Further, you admit to attempting to comply, but that it is hot in the Summer. The implication being that at some point after being warned you, again, had the window open.

So, the question as to whether you have left the window open, you've admitted too.

After the landlord told us to keep the window close during rain, we did and did not open it again for the rest of the summer during the rain (as instructed). Which is why i believe they will lose on grounds of 'negligence'.

And also to answer another poster about going to court. I will ask for the court to wave the fees for the landlord as well. I think that should cover it for them trying to counter sue for attorney fees right? I thought I heard something about that. Will look it up.

Anyways, thanks for the advice.

[Rogerthat84]

Updating this post as well...

Hi All - wanted to reply with how this all turned out. So we went to court for a 'Pre-Trial Conference'. The LL came and requested mediation before seeing the judge. We agreed since we could still see the judge that day if it didn't work out. When we presented our case, they decided to give us back our money.

PS. the landlord knew they had no case, so she tried to lie. Basically called them out on it. Anyways, in the end...we got our money. Definitely worth it.