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I live in Brooklyn,NY. I had been renting an illegal basement from July,2008 to October 1, 2017. Its a legal 2 family, but the basement where I lived was illegal. I paid rent on time every month. On the end of August 2017, my landlord told my to move out, because he said someone reported that his building has illegal apartment on the second floor without showing me the proof. At the end of September ( four days before I moved out), my landlord just used the key to open the door with 4 to 5 person and took the stove out without my permission. It was hard to find a new apartment for me when the price is above $1400. Becase they took the stove out, I couldn't cook. During last year, in my bedroom, more than 5 times he water was leaking from the ceiling. The landlord didn't hire someone to fix it, he just fixed it himself and then happened again and again. Besides that, the bathroom happened the same thing. The ceiling was leaking and then he came to fixed it every time for almost 2 weeks, and I went to the others to take shower in the same building. He didn't hire someone to fix and didn't pay even my clothing got wet. The rent was $650 and up to $750 before I moved out. At the time I moved in, they didn't have any legal contract. It's been two months after I moved out, the landlord still not giving my deposit back, and I called her many times, she said the refrigerator, and stove, and range hoods were broken. When I moved out, the machines were fine an undamaged. Also, he said I left the house not clean, so I came back and clean the garage again. Then he said he gonna pay back $300 to me. Its been two months now, he still not giving me back. What should I do now? Should I just get $300 or sue him?
NYC law requires the landlord to return the deposit within a “reasonable” time frame. I’ve seen judges consider 30-45 days to be reasonable and I’ve seen judges that see 60-90 days as reasonable. It’s basically depends on the judge. You are free to send a demand letter to the landlord. If he fails to respond, you can sue for your full deposit in small claims court.
For 9 years you knew that you participated in an illegal arrangement. So you were 50% of the problem. Move on.
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