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  1. #1
    Join Date
    Nov 2006
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    2

    Default Security Deposit Return in New York

    Hello all. I lived in a duplex a few years ago and tried to get out of my lease because my landlord and her son would fight every other day and just make a ton of noise and get drunk every weekend. Anyways, she would not let me out of the lease so I stopped paying her and she finally took me to court to evict. The judge told me I could either stay and pay arrears or move out within 72 hrs. Well I jumped at the chance to get out. Fast forward to her sueing me for the unpaid rent. After her lawyer rescheduled the first court date I tried to reschedule the next date but was denied and could not make it. She won her case and I set up an agreement with her lawyer to make monthly payments and he would not file the judgment against me. I had to pay for 11 months and finished last November. I sent the lawyer a letter 8 months into the agreement that since I was never returned my security deposit that they could use that to bring the account to paid in full status. A few days later the lawyer told me that the security deposit was not part of the repayment deal I agreed to and that I had to continue our terms. My question is this: Since I notified the lawyer that I never received my sec depoist back last year how long do I have to make a claim for it and being in NY what does " a reasonable amount of time" for the sec deposit mean for landlords? Can the lawyer file the judgement now after the entire agreement has been paid in full just to spite me?...I kinda remember reading something about a law in NJ that allowed tenants to sue for 2 times the original security deposit if not returned promptly but cannot find much info for NY ( Western NY , not NYC area). I would greatly appreciate any help. Thank you. JP

  2. #2
    Join Date
    Sep 2005
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    Default Re: Security Deposit return in New York

    The security deposit doesn't have to be refunded if it is applied to rent owed, and as it turned out you were found to owe 11 months rent. So this really only seems to be an issue if they don't properly apply the deposit, and so far you don't seem to have any reason to believe they won't do so.

  3. #3
    Join Date
    Nov 2006
    Posts
    2

    Default Re: Security Deposit return in New York

    Quote Quoting Mr. Knowitall
    View Post
    The security deposit doesn't have to be refunded if it is applied to rent owed, and as it turned out you were found to owe 11 months rent. So this really only seems to be an issue if they don't properly apply the deposit, and so far you don't seem to have any reason to believe they won't do so.
    Actually I should have been more specific in details. The judge awarded her what she was seeking which was 3 months rent plus legal fees. That was what I agreed to pay with her lawyer over the next 11 months, which I did. The security deposit was not used for owed rent or to cover any damages. The security deposit was not applied to anything and was never returned and was not included in the judgement against me. I hope that clears that up. Thanks again for any and all help.

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