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  1. #1
    Join Date
    Aug 2007
    Posts
    10

    Default Tenant Security Deposits in New York

    Hello, I live in New York City, Bronx.

    My tenant refuses to give me the keys to the apartment until I give her security money back.

    However, I do not have access to the apartment and cannot view it to appraise any damages.

    How do I handle this? Isn't the security money given back after inspection of the apartment?

    Also, on our lease, in the Security deposit provision, it says exactly:
    "On execution of this lease, Lessee deposits with Lessor [XXXX Dollars ($XX]), receipt of which is acknowledged by Lessor, as security for faithful performance by Lessee of the terms hereof, to be returned to Lessee, without interest, on the full and faithful performance by him and the provisions hereof."

    How will she prove she even gave me security money if this is covered in XXXX? We have renewed the lease and both leases have the XXXX, no actual dollar value.

    Also, if the damages done by the tenant is more than what I have in the security deposit, can I take her to small claims court and sue her for the rest of the damages?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant Security Deposits in New York

    Note that NYC has its own arcane housing laws, so I would suggest consulting a local landlord-tenant lawyer or a landlords association to confirm what NYC permits you to do under these circumstances, or just to get up-to-speed for when similar things happen in the future.

    Consider informing her that if she does not return the keys you will get a locksmith, change the locks, and charge her that cost, and that as long as she withholds keys she remains in occupancy and will continue to accrue rent. See if that shakes them loose. (You should have kept a copy, though, not just for circumstances like this but also for when tenants lose keys or for emergency access. Make sure you do that in the future.)

    Either she gave you a security deposit or she didn't. It sounds like she did, so arguing over "XXXX" seems a bit silly. Yes, you can pursue her for damages above and beyond the security deposit.

  3. #3
    Join Date
    Aug 2007
    Posts
    10

    Default Re: Tenant Security Deposits in New York

    Okay, another problem has come up. I have to go up to Canada for a family emergency this weekend. Now the agreement was that the tenant is to leave on or before September 1. If I am not available at the time that she leaves, and she is not able to give me the key, what will happen?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Tenant Security Deposits in New York

    Is there somebody you can designate to serve as your agent during your absence?

  5. #5
    Join Date
    Aug 2007
    Posts
    10

    Default Re: Tenant Security Deposits in New York

    No, I live alone.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Tenant Security Deposits in New York

    And you have no friends, family, business associates, people who owe you a favor....

    If all else fails, there are real estate management companies or law firms which may be able to serve your needs, on a fee-for-service basis.

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