Landlord still holding security deposit (apartment, rent, month to)

[Rogerthat84]

Hello Again!

Can't believe I'm still dealing with this (sigh)... anyways

here's the recent post if you really want to be up to speed, but don't think its necessary for what I'm asking:

//www.city-data.com/forum/new-y...l#post22315036

I'm having an issue still recouping the rest of my security deposit. The landlord finally gave an estimate of the claimed damages and refunded us $500 of the $1300 we were still owed. She gave us this estimate 3 months after we moved out of the apartment. I know in NY it is within reasonable time, but 3 months seems a little ridic.

So, we don't agree with the damages and don't believe that we are responsible for many reasons...

anyways we had filed a claim with the state attorney generals office before we got the estimate and added onto our claim once we received the estimate to state we did not agree with the charges etc. The mediator at the attorney generals office has just informed us that they have not done ANY of the repairs and she was giving them a month to do the repairs or they would have to refund our money. I feel they will try something shady and/or do the repairs now and then we will still have to go to small claims court. so we may just skip that and file a claim now.

My question is (and if any one has had experience, please let me know) Since it has been over 4 months and repairs have not been done (also i feel like they had no intention of doing the repairs), do they still have a legit claim to our money? Should we file for treble damages in civil court/small claims court? Has anyone had a similar case?

Any help would be great! also if you have any questions to help you determine I will answer them.

[NY Annie]

I would file in small claims court. And don't forget to ask for filing fees and treble damages. Although, I don't know how it works since you've already got a claim through the AG's office. Call and ask the clerk whether you can still go the small claims court route.

[likeminas]

Originally Posted by NY Annie

I would file in small claims court. And don't forget to ask for filing fees and treble damages. Although, I don't know how it works since you've already got a claim through the AG's office. Call and ask the clerk whether you can still go the small claims court route.

The AG's office acts as a mediator but it's a claim as it is when you file in small-claims court.
By the way, OP, did you take pictures of the empty apartment BEFORE you moved in? if, not, what you got? and how can you prove that the damage was there before you moved in?

I'm asking because you will need proof in small-claims court if you wanna make your case.

[SobroGuy]

Definitely file in small claims court. 3+ months for a return of security deposit is ridiculous, and sounds like they had no intention of actually doing the work they charged you for. Go to court.

[Rogerthat84]

Originally Posted by likeminas

The AG's office acts as a mediator but it's a claim as it is when you file in small-claims court.
By the way, OP, did you take pictures of the empty apartment BEFORE you moved in? if, not, what you got? and how can you prove that the damage was there before you moved in?

I'm asking because you will need proof in small-claims court if you wanna make your case.

Hi - I don't have pictures of the empty apt when we moved in. I didn't think anything like this would have happened. I do have a pic (although its not focused on the area they are talking about, but you can still see) from a month after I moved in. I also have a picture when we were allowed back in the apartment for the walk through (which the landlord didn't even really want to do).

To clarify the damage is to the interior of a wall under a window/by a radiator. They are saying bc we left the window open when it was raining that rain got into the interior of the wall and leaked down and damaged the basement ceiling and has done some damage to the interior of the wall behind the radiator. It's interior damage that cannot be seen on the outside. Which is structural issue (the house is really old) in my eyes. Very unlikely that one day of the window being open would cause the amount of damage they are claiming.

I don't have pics of the basement...no clue what it looked like before. we don't rent the basement and don't have access to the basement. I do know that water gets into the basement because we've heard a pump going and it smells moldy when it rains.

Also, when the 'incident' occurred nothing was said except keep the window close during the rain (which we did). No mention of damage or anything until we moved out which was months later. We were also on a month to month, so there was no date or knowledge as to when we were going to move.

[jcoltrane]

My gosh already, GOT TO SMALL CLAIMS COURT!

The issue w/h been decided already. There is NO mediation necessary. The Tenant has absolutely NO requirement to *wait* untill repairs are done!! None whatsoever. The LL simply has to provide an estimate of the damages and deduct that amount from the security deposit, and return any difference PLUS intefest on the full amount earned over the life of the tenancy!

As I advised you correctly previously, the LL MUST prove that you are responsible for any damages. In order to prove that you are responsible, the LL MUST prove that you, in some way, were NEGLIGENT; and that your degree of neglience is responsible for some or all of the damages.

Is something I said too complicated to comprehend?

I also provided the basis for a) PRE-KNOWLEDGE on the part of the LL; b) failure of the LL to act upon such preknowledge; c) ANY requirement that the window be kept closed in order to prevent damage is UNREASONABLE (hot or not!!); and d) that your action to open the window DOES NOT constitue neglect, specifically when the LL had pre-knowledge and failed to correct or remedy the circumstance!

What more can one do, but provide you with right and correct information, which you c/h substantiated by consulting with a competent L&T attorney, for free or with a SMALL consultation fee.

The attorney general's office brought you to a mediation session, with I presume a professional mediator who is NOT an attorney, whose expertise is NOT within the LAW, may or may not know the law, may or may not know or comprehend the FACTS of your case; AND whose AIM and Training is to MEDIATE by presume responsibility upon both sides, and as such to NEGOTIAE a reasonable *settlement* based NOT upon the law and ultimate responsibility, BUT upon equal and/or **shared** responsibility, mediation!

The mediator has NOT acted upon the simple fact that the LL has withheld your security deposit BEYOND a lawfully reasonable time period. Likely because you have failed to so present, and likely the mediator has considered the FACT!

First fact which s/h been determined/decided is whether the time period the LL has withheld your security deposit exceeds reasonability!!! The mediator is NOT there to make *Judgments*!

Mediation, can worrk in your favor, IF you as the Tenant capably presented your LAWFUL case, which it appears you have FAILED to do! The LL's position, given the facts, you provided, is WHOLLY unsustainable.

This case s/h been a SLAM DUNK! TREBLE DAMAGES!

Call the Bar Association and obtain a competent experienced L&T attorney. If money is an issue and you cannot an afford the fee for an attorney to represent you, THEN pay the relatively small fee to consult with an attorney so that he can instruct you how to represent yourself upon the facts in court!!!

[Rogerthat84]

Originally Posted by jcoltrane

My gosh already, GOT TO SMALL CLAIMS COURT!

I know!!! I should have did it the first time, but was trying to be patient/settle it outside of the court system and not jump the gun and end up losing in court or something...I dunno nerves. Anyways thanks for the advice again.

Super clear! I will be filing tomorrow am and will update the outcome!!

Totally ridiculous!

[Rogerthat84]

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.

[Kefir King]

The LL obviously was frightened of the likelihood of being slapped with penalties, like double payment, if he confronted a judge.
These slimy landlords try ANYTHING knowing that most tenants won't pursue their rights.

It is just too bad that bums like this don't do a few days in JAIL, or suffer QUINTUPLE damages payable to the TENANT when they try stealing security deposits, as they so often do. Put your cash in the hands of some of these landlords and getting it back is like getting a piece of meat from a hyena.

[Rogerthat84]

Originally Posted by Kefir King

These slimy landlords try ANYTHING knowing that most tenants won't pursue their rights.

Agreed! I don't think they thought we would move forward with trying to get our Security Deposit back. They threatened us before hand saying they had "pictures and really good lawyers!"... but the facts are the facts. When they came to court, they had nothing. Total scare tactic that failed. Once they lied (which we could easily prove was a lie), we knew it was over for them .

What's sad is that they'll probably do the same thing with the next tenant and take their money.