Security Deposit and "Reasonable amount of time" (Florida: real estate, apartment)

[mslaurast]

Hi, I recently moved out of an apartment in Sunset Park. My lease expired on March 31st. I told the landlord I was not renewing the lease at the end of February 09.

I returned the keys by the 31st and left the apartment in truly excellent condition. We didn't even wear shoes in the apartment.

The landlord has been evasive about returning the security. She at first ignored direct questions about what the procedure was for getting it back; I had suggested a walk through etc. After a few more direct questions, she has said that she has put in a "request" and will keep us updated. The whole "request" bit, is somewhat strange, because she out right owns the building; so,who is putting in a request with? It seems to me a stall tactic.

Anyway, by NY State Law we are entitled to get the security back within a "reasonable" amount of time.

My question is at one point should I really start putting on her? After two weeks? A month? What is the best thing to say?

Thanks for your advice!

[LynnePatrice]

I believe she has 30 days to return your security and I think she has to give you interest on that if she does not take any money out for damages. You should have insisted on a walk through.

[anders]

Originally Posted by LynnePatrice

I believe she has 30 days to return your security and I think she has to give you interest on that if she does not take any money out for damages. You should have insisted on a walk through.

"Reasonable" is a court-decided thing; the current view is 30-60 days.
And yes, a walk-through with landlord avoids surprises later -- like LL's claims that there was damage, or that s/he had to haul garbage or furniture out of the place, etc.

[mslaurast]

Well, we did ask do a walk through and then she opted not do one. I have proof of the request. It is has been three weeks since we vacated and there has been no mention of damages, so if she brings that up now I am sure it will seem pretty weak in front of any court.

[mathjak107]

always take photos when you move in ,preferebly with the landlord in the picture...take pictures when you leave

[cjma79]

I actually never pay the last month rent, so I never have problems with this. I know you shouldn't do this, but hey never had any problems before. Not only I request a walk through but I take pictures and email them to the landlord, real estate agency, my lawyer and request his lawyer email so that I can send them to his lawyer if he has any, usually about 100 pictures, not kidding(every little detail). Trust me this email tactic is the best thing you can do.

[Latina7]

I hope you get it back. I just got beat out of $300 in Florida by a landlord.

[omigawd]

I would call her right away (and TAPE the phone converstation --- you can legally do this in NY) and ask her what's going on with your security deposit. Be sure to make a point of the pristine condition you left the apartment in, no damages, it was clean, etc so you can get her reaction on tape in case you need to bring her to court later on.

FYI, you security deposit should have been in an interest-bearing escrow account from the day you gave it to her so you are entitled to your security deposit plus interest.

I would give her 45 days from the day you vacated. At that point, if you don't have your $$, file a case in Small Claims Court.

[MikeInQueens]

I would call her right away (and TAPE the phone converstation --- you can legally do this in NY) and ask her what's going on with your security deposit.

I read this last night, and thank you.
I moved out last weekend and the landlord didn't give me the security deposit back, but no surprise there because this guy is such a jerk.

Today, I went over to his house (with a tape recorder in pocket )
and asked him for the security back. He said no and told me "to get out of here".
I just smiled and walked away