Landlord will not give me back desposit

[dgermaine]

Originally Posted by Henna

I couldn't understand from your post: did you stay for the entire year of the lease, or you broke the lease early and moved out?

Sorry my writing was not clear. I signed a 1 year lease 2 times (lived in this condo rental for 2 years total). The landlord is also a real estate agent with a large, well known in NYC, brokerage. I was mislead into thinking he was just a real estate agent as he did not disclose to me the condo was owned by himself. I found out after making out the first check to the LLC and having him say to make a new check out to his name.

[dgermaine]

Originally Posted by luvnyc

You have written proof he agreed to return your security deposit. Go get your money.

For the record, according to to Harvey Levin (People's Court Lawyer/Commentator), in NYC it's not required by law to give a 30 day notice.

That was a new one on me but when I thought about it it seems true. The lease is what LLs mainly go by and as long as one isn't renewed it's believed or assumed you will move out at its end.

Thank you for clarifying the 30 day issue. I thought that wasn't necessary in NYC as long as you had a formal year long lease, but another person on this forum posted he lost in small claims court bc he did not have written proof of 30 days. However, I think the person might have not done things formally with a 1 year lease and might have been doing it month by month or something of that sort.

[dgermaine]

Originally Posted by luvnyc

Welcome to the NYC renter's club.

Doesn't matter how big or small, although the more rent you pay the greater the rules will be abided by, you'll still find scumbags trying to take advantage of people. I guess they figure odds are on their side they'll encounter passive people or those who aren't up on the laws.

I think that may be the case too. I find it quite amazing scumbags are banking on the odds people are unaware, and wonder how many peoples are passive about this. It's crazy to me that in the age of google that anyone wouldn't spend a few hours researching, but I guess a lot of people in NYC are busy and it might not be a productive use of most peoples' time to take days to go to court if they make more than the days they have to take off.

Luckily, I have no life and have lots of flexibility in my schedule to try and teach this scummy person a lesson. Maybe he'll think twice in the future of preying on future tenants.

This is an appropriate parting gift for the 5 years I spent in Manhattan though...I was thinking about possibly moving back in the future, but this was an appropriate reminder for the kinds of people that are unavoidable in NYC lol.

[luvnyc]

Originally Posted by dgermaine

Thank you for clarifying the 30 day issue. I thought that wasn't necessary in NYC as long as you had a formal year long lease, but another person on this forum posted he lost in small claims court bc he did not have written proof of 30 days. However, I think the person might have not done things formally with a 1 year lease and might have been doing it month by month or something of that sort.

Yeah that would be understandable, in a month to month situation.

I would think unless a LL specifies it in a lease it's probably just more so courtesy.

Good luck with everything.

[silverbullnyc]

Ive known situations where deposits are returned right away sometimes 8 weeks sometimes 3 months. It varies.