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  1. #1

    Post How to Retrieve a Security Deposit That a Landlord Won't Return

    My question involves landlord-tenant law in the State of: New York

    I used to live in NYC and moved back west last March. I was on a lease with my roommate, let's call her Beth, for a two bedroom apartment where we both contributed 1/2 of the total security deposit owed (~$7000). Since my lease wasn't up until June this year, I subleased my apartment to another tenant, let's call her Jen. I had a simple contract that ensured that she paid the rent and cost of any damages at until the end of my lease.

    I asked the landlord (a big management company) as to whether I would get my security deposit back, even if my roommate Beth decided to renew her portion of the lease. The management company assured me that I would, multiple times, so I didn't think anything more of it.

    When June was about to come around, I found out that my Beth and Jen were going to stay in the apartment for another year. Beth renewed her portion of the lease, and Jen took my place. When I called the landlord back to ask when the security deposit will be returned back to me, they informed me that i would have to get it from Jen and reassign my portion under their control to Jen whenever I settled it with her. Jen even had them come and get an inspection done around July that came up clean (she did it to mostly cover herself at the end of her lease).

    It's been six months and Jen and her family have been uncooperative and have not been amicable in giving me my security deposit back. Since I'm not even in the city anymore and don't know what damages might be incurred in the time I've been gone, I really shouldn't have my money tied up there.

    I feel like it's legally questionable for the management company to refuse to give me my security deposit back since I'm not even on the lease anymore. It's an amount upwards of ~$3500 and I'm desperate to get it back since I've fallen on some hard times.

    What are my rights in this situation? What can I do to get that money back before Beth and Jen's lease is up (if they collectively, or one of them individually decides to renew the lease, my money could be tied up for years according to what the management company has said to me).

    Any help would we greatly appreciated.

  2. #2
    Join Date
    Mar 2013
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    Default Re: How to Retrieve a Security Deposit That a Landlord Won't Return

    You're right. It could be tied up for years. It's what you get when you live in a roommate situation where you don't all move out at the same time.

    What the person at the management company "said" does not change the terms and conditions of your lease contract nor does it change the lessor's obligations under the NY security deposit law.

    http://codes.lp.findlaw.com/nycode/GOB/7/1

    Basically, the lessor has no obligation to return anybody's deposit until all of the tenant's move out and your roommate has no legal obligation to indemnify you at all.

    Sorry, but you are experiencing the consequences of your own decision to live with roommates.

  3. #3
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    Default Re: How to Retrieve a Security Deposit That a Landlord Won't Return

    You will have to read your lease to determine what rights you had to the recovery of your share of the deposit at the end of the initial lease term, and if the deposit could be carried over to a new lease even if not all roommates participated in the new lease. If that's what you authorized then the landlord is correct, and you can try to get your share of the deposit from the new roommate while assigning to her your share of the deposit being held by your landlord.

    Also, you will have to review the documents from when your new roommate moved in. If you were released from the lease in association with her being added to the lease, you may have agreed in conjunction with that release that your deposit would continue with the leasehold even though you were no longer a tenant.

    If neither of the above are supported by the lease or documents relating to the change of tenant, and there is no question or dispute as to your having paid half of the deposit when you leased the premises, then you should be able to recover your share of the deposit from your former landlord and it's up to them to collect the balance from their current tenants.

  4. #4

    Default Re: How to Retrieve a Security Deposit That a Landlord Won't Return

    Quote Quoting Mr. Knowitall
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    You will have to read your lease to determine what rights you had to the recovery of your share of the deposit at the end of the initial lease term, and if the deposit could be carried over to a new lease even if not all roommates participated in the new lease. If that's what you authorized then the landlord is correct, and you can try to get your share of the deposit from the new roommate while assigning to her your share of the deposit being held by your landlord.

    Also, you will have to review the documents from when your new roommate moved in. If you were released from the lease in association with her being added to the lease, you may have agreed in conjunction with that release that your deposit would continue with the leasehold even though you were no longer a tenant.

    If neither of the above are supported by the lease or documents relating to the change of tenant, and there is no question or dispute as to your having paid half of the deposit when you leased the premises, then you should be able to recover your share of the deposit from your former landlord and it's up to them to collect the balance from their current tenants.
    Thank you for your insight. I never signed anything after my lease was up, but was insured by the management, Beth, and Jen separately that my name was taken off the lease after June and that I was no longer attached to the property. I did make sure that there was nothing I needed to sign or do when my lease was up.

    This is what my lease says:

    http://imgur.com/joxUVjE

    I unfortuantely had to leave for multiple reasons, but mostly because I needed to help out a sick family member. I was hoping to get the deposit back sooner since it would help with medical bills.

    I also was wondering, if Beth moved out but Jen didn't, what would happen to the deposit then.

    Thanks for all the help so far.

  5. #5
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    Default Re: How to Retrieve a Security Deposit That a Landlord Won't Return

    If you want to know your rights under the lease, somebody is going to have to review the entire lease.

  6. #6
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    Default Re: How to Retrieve a Security Deposit That a Landlord Won't Return

    Quote Quoting nycsecuritydeposit
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    Thank you for your insight. I never signed anything after my lease was up, but was insured by the management, Beth, and Jen separately that my name was taken off the lease after June and that I was no longer attached to the property. I did make sure that there was nothing I needed to sign or do when my lease was up.
    I suggest you consult a New York City housing attorney at this point.

    With $3500 at stake it would be worth even a couple of hundred for the consult and proper legal advice.

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