Deposit issues

[daktaria]

What is the name of your state? New York

I moved out of my apartment at the end of May 2006 - my lease ended June 2006. I paid through the end of June as I had a roommate who was staying until the end of June. When she moved out, "her movers took" (according to her) a cheap little mirror that was in the apartment when we moved in. The landloard held our rent until this mirror was returned (without telling either of us, that the mirror needed to be returned in order to receive our $$). After haggling with the LL for months, the ex-roommate finally returned the mirror at the end of September. My landloard called the real estate company who is the one that is supposed to pay me back my deposit and "released" the deposit. It is October 23rd and all I have heard from the real estate company is that they heard from the landloard and everything is okay to get my full deposit back.

Help! What do I do to get this back? Am I due more than the full deposit? I am so angry and frustrated - and broke!

 

[BL]

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

RENT SECURITY DEPOSITS

Virtually all leases require tenants to give their landlords a security deposit. The security deposit is usually one month's rent. The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter.

A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

Landlords, regardless of the number of units in the building, must treat the deposits as trust funds belonging to their tenants and they may not co-mingle deposits with their own money. Landlords of buildings with six or more apartments must put all security deposits in New York bank accounts earning interest at the prevailing rate. Each tenant must be informed in writing of the bank's name and address and the amount of the deposit. Landlords are entitled to annual administrative expenses of 1% of the deposit. All other interest earned on the deposits belongs to the tenants. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. If the building has fewer than six apartments, a landlord who voluntarily places the security deposits in an interest bearing bank account must also follow these rules. For example: A tenant pays a security deposit of $400. The landlord places the deposit in an interest bearing bank account paying 2.5%. At the end of the year the account will have earned interest of $10.00. The tenant is entitled to $6.00 and the landlord may retain $4.00, 1% of the deposit, as an administrative fee.

If the building is sold, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord.

Purchasers of rent-controlled buildings or buildings containing six or more apartments where tenants have written leases are directly responsible to tenants for the return of security deposits and interest in cases where the purchaser has "actual knowledge" of the security deposits. The law defines specifically when a new owner is deemed to have "actual knowledge" of the security deposits.

When problems arise, tenants should first try to resolve them with the landlord before taking other action. If a dispute cannot be resolved, tenants may contact the nearest local office of the Attorney General, listed at the end of this booklet. (General Obligations Law, Article 7)


Reasonable return time of deposit is ( 30 ) days after end of the lease , or vacating .

Send whom ever is holding the deposit a RRR Certified mail , demanding it's return at once , or further legal Action will occur , possibly small claims action .

 

[daktaria]

thanks!

Thank you very much, I am putting the letter in the mail today!