Non Return of Deposit - Does My Prior Landlord Have a Case
My question involves a security deposit in the State of New York (not NYC):
My landlord and I were on good terms until I gave two month notice that I was moving out of my apartment. He now refuses to return my remaining security deposit. I feel that I'm being taken advantage of, so I was looking for feedback to see if it's worth pursuing legal action. Here are the facts:
March 6 2005
Signed Year Lease and paid $1900.00 for 1st Month Rent and Security Deposit
--
April 2005 – March 2006 (1 Year)
Paid Monthly Rent as per Lease of $950.00 per month.
Included heat, hot water, lawn care, snow removal, garbage removal. Never late with rent payment.
--
March 2006 – October 2006 (6 Months)
Month-to-Month Tenant. Paid Monthly Rent of $950.00 month. Never late with rent payment. Somewhere during this time period I also took over lawn maintenance (mowing, seeding etc) at no charge.
--
November 2006 – April 2007 (6 Months)
Signed Lease with 6 month term to pay 100 per month for oil. Landlord requested to deduct 100 per month from security deposit. Only agreed to this because he begged me on the phone for hours and told me he couldn't afford to pay bills on the house. Never late with rent payment.
--
May 2007 – August 22, 2008 (18 Months)
Month-to-Month Tenant. Paid Monthly Rent of $950.00 month. Never late with rent payment. I did not agree verbally nor in writing to pay oil.
--
Spring 2008 - August 2008
Began looking for house. Notified him in person that I was house hunting and would give him ample notice if I signed a contract for a property. Notified
him when contract was signed. Helped to show apt to tenants. The tenant that was intersted in the apt needed to move in mid-August. I had paid August rent and and asked that it be prorate/returned to me for the days after I vacated the apt. I have an email from the landlord agreeing to the prorated payment and return of my security. When I returned the keys, he paid for the prorated amt and said he would send the security (now $350) after inspecting the apartment. I gave him my mailing address.
--
September 29th, 2008
Sent email request for my security deposit. No response.
--
October 22nd 2008
Sent email request for my security deposit. No response.
--
October 31st 2008
Left voicemail request for my security deposit. No response.
--
January 7th 2009
Landlord received certified letter from me requesting security deposit.
--
January 15, 2008
Landlord responded to request for security deposit.
The reasoning he gives is not direct but here is a summary of what he states in his letter:
- that i requested to stay without a lease (he never mentioned leases after the first lease, I even had to request the 2nd lease in writing)
- that we were in an agreement about heating (I make sure all monetary agreements are in writing)
- that he gave me an all expenses paid vacation (he offered repeatedly for my mother and I to stay for free at his shabby condo in FL, we went but paid for airfare and sent a thank you gift)
- that he "allowed" me to stay in the apt while shopping for a house (like I wasn't paying rent!)
- that i was shaking him down for $$ by requesting that he split my moving exp with me ($100). In order for me to be out of the apt when he wanted me to, I had to miss part of my family reunion and none of my family members could help me move. I told him not to worry about the $$ when I returned the keys. I think this is what is sparking this nasty behavior from him.
My understanding of the law is that I am entitled to the remainder of my deposit. I returned the apartment in superclean condition.
Please help!
Thanks so much for reading through this really long post!
Re: Non Return of Deposit - Does My Prior Landlord Have a Case
New York security deposit rules are here and here.
Tenant.Net suggests filing a complaint with the NYS AG at 212-416-8000.
Re: Non Return of Deposit - Does My Prior Landlord Have a Case
Thank you for your response! I appreciate it.