Return of Security Deposit

[nybeauty]

I'm in NY.

My landlady has now fabricated almost $2000 worth of charges in damages and refuses to return my security deposit. My understanding of NY state law states that she has to provide me with copies of receipts for the actual repair work that was done. She will not be able to do this b/c there were NO damages. She refused to do a walk through with me after I notified her of exactly when I would be out of there. Then the day after I move out, she does a "walk through" and finds all this damage and a filthy apartment. I have witnesses and pictures we took to say otherwise.

I have also since found out that this is an illlegal apartment, and that she has pulled this same scam on the previous 2 tenants. I want her to know I am not fooling around. Refund my deposit or see me in court.

What can I do? Where do I go to find the NY state statutes on this issue? I've looked online but can't find the exact verbage. Any help is appreciated.

[aaron]

(Your prior thread.)

New York statues are here. There may be local ordiances that apply (and NYC has significant local regulation of landlord-tenant matters.) What statute are you trying to find? (I would have tracked down the security deposit statute, but the site isn't loading right now.)

[nybeauty]

Aaron,

Thank you! Please let me know how to find that info or if you can get the link to work, sending the link to the security deposit statutes would be terrific. I don't know what info I will need. I did a little sleuthing and found out at the Yonkers Housing Dept. that she is operating an illegal apt (zoning says it is a single-fam dwelling). I can also subpoena records for the previous tenants and show a history of her defrauding her tenants (I know she did this with the previous 2 tenants). Again, I also have pics, witnesses, etc. to prove the condition in which I left her apt. She also did not show evidence that she had any of the repairs done (NY state law says that the landlord must provide copies of receipts at the time of notification to the tenant of what portion of the deposit is being withheld).

I will be visiting the Yonkers Small Claims Court today to find out what I will need to do.

Thanks!

[aaron]

You can look at § 7-101 of New Yorks' General Obligations Code. I didn't see a statute which clearly lays out the landlord's obligations upon a tenant's moving out, but I may be looking in the wrong place.