Landlord won't give back my security deposit. (New York, York: apartment, rental)

[MikeInQueens]

Landlord won't give back my security deposit.
I have a reciept he gave me for it
This is a private house, no lease or anything.

Has anyone experienced this and can tell me what happened?
How do I apply to court?
Did you get your money back?
How long did it take?
etc . . .

Thanks........................

[Lou82]

You should contact a lawyer, should be fairly easy to get your SD back.

I once inherited a tenant who I had evicted. She tried to sue me for the SD when I had it in writing from the previous owner that this tenant never paid a SD. The whole thing was settled in a matter of 2 minutes as the lady was laughed out of court.

[Fred314X]

That happened to me. I went through the city Department of Housing. There's a two-step process involved, the second step of which involves identifying you as the complainant; it was explained to me that this is where most people drop out of the process, because they're afraid of their landlord.

Not being a member of that club, I elected to pursue the complaint. Since I was right and my landlord (a greedy pig if ever there was one) was wrong, he wound up faced with the prospect of a court date and some heavy fines--much more than my security. And so he turned the money over to me.

By the way, you should be aware that when your landlord deposits the security in a bank and it earns interest, that interest belongs to you, no matter what. Most landlords figure that tenants aren't aware of this little legal item, and put that interest money in their pockets. So when you've initiated your complaint, make sure that the interest money on the security is stated in addition to the security principal.

[shygirl39]

Originally Posted by MikeInQueens

Landlord won't give back my security deposit.
I have a reciept he gave me for it
This is a private house, no lease or anything.

Has anyone experienced this and can tell me what happened?
How do I apply to court?
Did you get your money back?
How long did it take?
etc . . .

Thanks........................

I have lease from a private owner and I paid 900 dollar security deposit. He only gave back 260 dollars and he lied why he kept the rest. I really wish I had a good lawyner. I would take him to court. I have try to give him his keys back, but he will not come and get them. So, I have talk to a lawyner though Legal Aid and he told me to send the keys to him though certifed mail and demand my deposit back and he told me to give him a week to respond and if he don't then file court papers. I guess it depends on the legal aid where you stay, because they will give you free advice. If you are quaify. That is a lot of money that man have took from me. Sorry about the spelling. I am lazy right now to correct.

[MikeInQueens]

I paid 900 dollar security deposit. He only gave back 260 dollars ...

You can take him to Small Claims Court. That is what I'm going to do.
I'll probably go in a few days and I'll let you know what happens.

New York City Small Claims Court:
New York City Small Claims Court

[talialynn80]

Originally Posted by Fred314X

That happened to me. I went through the city Department of Housing. There's a two-step process involved, the second step of which involves identifying you as the complainant; it was explained to me that this is where most people drop out of the process, because they're afraid of their landlord.

Not being a member of that club, I elected to pursue the complaint. Since I was right and my landlord (a greedy pig if ever there was one) was wrong, he wound up faced with the prospect of a court date and some heavy fines--much more than my security. And so he turned the money over to me.

By the way, you should be aware that when your landlord deposits the security in a bank and it earns interest, that interest belongs to you, no matter what. Most landlords figure that tenants aren't aware of this little legal item, and put that interest money in their pockets. So when you've initiated your complaint, make sure that the interest money on the security is stated in addition to the security principal.

fred- could you please give some more details on how to go about using the dept of housing, i think this is exactly what i now have to do. i have been out of my apartment since july, with picture proof that i left it perfect after 3 years, i gave my landlord 30 days notice (he even started showing the place while i was still in there) AND i let him wait until he re-rented it. now someone else has finally moved in and he has stopped taking my calls. it just makes me sick that a person with multiple rental properties in williamsburg, nyc is taking advantage of me. so please help! i have no idea how to go about this, and i couldn't find much helpful info on the dept of housing site itself. Thanks!!!!

[victorfox]

What's the landlord's reason for giving you back only a portion of the security deposit?

Did you owe back rent?

Did you damage, alter, modify or destroy the apartment?

Is landlord applying the security deposit to the last month's rent?

[omigawd]

Whenever you rent in a private home, it's almost impossible to get your security deposit back. The LL is supposed to put that deposit in an interest-bearing escrow account but they never do. They spend it and then when the time comes to give it back to the tenant, they claim you "damaged" the apartment or some other nonsense.

I hope you took pictures and/or video of the apartment before you left showing no damage. If you didn't do that, you can:

1. Write a letter to the LL and mail it Certified/Return Receipt Requested just saying something like "here is my new address, please be sure to forward any/all mail and packages that may come to your address by mistake. I put in a Change of Address with the post office, but they may make a mistake and still deliver my mail/packages to your address.

2. Wait about 3 months

3. Write another letter (again, Certified/Return Rect) asking for your security deposit back within 10 days of the date of the letter.

4. If he doesn't respond within 10 days, go to Small Claims Court and file a claim.

The reason for the first letter?? To prove he had your new address and had an opportunity to mail you your security deposit back or write you a letter outlining why he's not returning it.

***** be sure to mail your letters Certified/Return Receipt Requested and hold onto a copy of the letters and especially those receipts and the signed card you get back! You will need those if you have to take him to court!!!!!

[Essence10456]

I have just left my apartment in emaculate condition, landlord refuse to sign for keys or allow his super to sign for keys. Landlord said I can give keys to super but super is not to sign for keys. I have taken pictures of apartment and have went thru a walk-thru of apartment with super so he can verify that apartment is emaculate conditon. How do I demand my security back with interest (my understanding landlord was to deposit security in interest bearing account). I can't send keys back as address is pobox Is this correct? Help. I have reached out to legal aid. Can I open and Order to Show Cause on Landlord. Help!!!

[Fred314X]

Originally Posted by Essence10456

I have just left my apartment in emaculate condition, landlord refuse to sign for keys or allow his super to sign for keys. Landlord said I can give keys to super but super is not to sign for keys. I have taken pictures of apartment and have went thru a walk-thru of apartment with super so he can verify that apartment is emaculate conditon. How do I demand my security back with interest (my understanding landlord was to deposit security in interest bearing account). I can't send keys back as address is pobox Is this correct? Help. I have reached out to legal aid. Can I open and Order to Show Cause on Landlord. Help!!!

You are correct: you are entitled to the interest earned on your security. But rather than Legal Aid, contact the New York City Housing Department. There's a really frustrating two-step procedure (you can't have everything, since the original laws were actually written by landlords!) but as long as you're right and the landlord is wrong, play by the rules and stick with the correct process and you'll get your money back--whether the landlord likes it or not.