How long for a security deposit return

[jlc614]

What is the name of your state?NY

I have read that in NY a landlord must return a security deposit "within a reasonable amount of time" once the apartment has been vacated and any repairs completed. It has now been a month and a half. The landlord stated 3 weeks ago that it would be soon and 2 weeks ago stated that it would another week because they have to send the request to Brooklyn and then they send the check out. I called today since I have not received the check and they won't even tell me if they sent the request to Brooklyn. Is there anything else I can do? Is there some kind of definition for "a reasonable amount of time."

 

[Happy Trails]

What is the name of your state?NY

I have read that in NY a landlord must return a security deposit "within a reasonable amount of time" once the apartment has been vacated and any repairs completed. It has now been a month and a half. The landlord stated 3 weeks ago that it would be soon and 2 weeks ago stated that it would another week because they have to send the request to Brooklyn and then they send the check out. I called today since I have not received the check and they won't even tell me if they sent the request to Brooklyn. Is there anything else I can do? Is there some kind of definition for "a reasonable amount of time."

**Does your lease state when the deposit would be returned?

 

[HomeGuru]

What is the name of your state?NY

I have read that in NY a landlord must return a security deposit "within a reasonable amount of time" once the apartment has been vacated and any repairs completed. It has now been a month and a half. The landlord stated 3 weeks ago that it would be soon and 2 weeks ago stated that it would another week because they have to send the request to Brooklyn and then they send the check out. I called today since I have not received the check and they won't even tell me if they sent the request to Brooklyn. Is there anything else I can do? Is there some kind of definition for "a reasonable amount of time."

**A: what cleaning and repairs needed to be completed and how much is your deposit?

 

[jlc614]

My lease states "within a reasonable time frame". My security deposit was $1500.00 and the landlord has told me that I am receiving $1440.00back because there were only minor repairs to be done, we cleaned before we left and we also made upgrades to the apartment while we lived there.

 

[Happy Trails]

**Sorry that this answer is a long one.

1-a. Whenever the money so deposited or advanced is seven hundred fifty dollars or more and is for the use or rental of personal propertyfor a period equal to or greater than one hundred twenty days, the person receiving such money shall, subject to the provisions of this section, deposit it in an interest bearing account in a banking organization within the state which account shall earn interest at a rate which shall be the prevailing rate earned by other such deposits made with banking organizations in such area....

**Now knowing that it still doesn't answer your question, but it is good info.

When must your landlord return your deposit?

Your landlord does not have to return your security deposit before you move out, or on the day that you move. The landlord has a "reasonable time" to inspect the property to see whether you have caused any damage. If you think that your landlord will claim that you have damaged the apartment and not return the deposit, it is very important for you to take pictures at move out and bring a witness to carefully inspect the condition of the apartment. Also, be sure to return the key promptly.

You should ask your landlord to inspect the property with you right before you move. If he won't inspect it with you, and you have witnesses that the apartment was in good condition when you left, you should win if you sue your landlord for the deposit, because the damage could have happened after you moved out.

**Still doesn't answer your question, and it is vague as far as defining just what is "reasonable time".

How do you get your security deposit back?

If the landlord refuses to return the security deposit after you have left the apartment or house, you can sue him in Small Claims Court. You should go to Small Claims Court if your landlord claims that you caused the damage or owe back rent and you have proof that you did not cause the damage and that you did not owe any rent at the time you moved out.

**So if you feel "reasonable time" has past you still have recourse through small claims. Also the link I provided is a "Rent Security Complaint Form" provided by NYS Attorney General. The Attorney General's phone number provided may help you possibly define reasonable time as I cannot.

http://www.oag.state.ny.us/complaints/html/comp_rentsec.html

**New York State Office of the Attorney General
Eliot Spitzer
Consumer Protection Bureau
120 Broadway, 3rd floor
New York, New York 10271
(212) 416-8345 (phone)
(212) 416-8787 (fax)

 

[Chilly2k]

Happy, I'm not sure where this came from.
1-a. Whenever the money so deposited or advanced is seven hundred fifty dollars or more and is for the use or rental of personal propertyfor a period equal to or greater than one hundred twenty days, the person receiving such money shall, subject to the provisions of this section, deposit it in an interest bearing account in a banking organization within the state which account shall earn interest at a rate which shall be the prevailing rate earned by other such deposits made with banking organizations in such area....

But from http://www.oag.state.ny.us/realestate/guide_intro.html#6

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.

You had me scared for a minute, because of the official signature, but since all of my building are less then 6 units and I keep all securities in a NON-interest earning account, I'm guessing I'm OK.
Notice the OAG in the web address, I think thats the Office of the Attorney General.
If not can you point me to a better source of information? I'm still trying to learn this and stay legal in every way.

Also I believe I read somewhere it was 20 days and somewhere else 30 days.

 

[Happy Trails]

Happy, I'm not sure where this came from.
1-a. Whenever the money so deposited or advanced is seven hundred fifty dollars or more and is for the use or rental of personal propertyfor a period equal to or greater than one hundred twenty days, the person receiving such money shall, subject to the provisions of this section, deposit it in an interest bearing account in a banking organization within the state which account shall earn interest at a rate which shall be the prevailing rate earned by other such deposits made with banking organizations in such area....

**It came from this link: http://assembly.state.ny.us/leg/?cl=49&a=24
S 7-101. 1.a

Your info. maybe of some help to the poster since she didn't specify how many units she lived in. I thought about posting it, but my response was already lengthy.

I'm not a lawyer, so maybe one will clarify.

 

[jlc614]

Thanks for the help there are more than 6 units here there are at least 40 and the landlord has already stated that there were only minor repairs and have told me that the check will be for $1440.00 but it has not arrived. The stated weeks ago that the processa was:

They notify the bank, which is in Brooklyn
The bank cuts the check and sends it directly to me.

It has been over a month and a half since we left the apartment. I think that is more than enough time and I also think it is outrageous that the landlordw on't even answer the question..."Have you even contacted the bank yet?" I left a message for the landlord again today and did not receive a response. Does anyone have any other advice. I am thinking I will call again tomorrow and mention filing the complaint form linked above and see if that motivates them.

 

[Happy Trails]

**I would start with making a phone call to the Attorney General and maybe he can clear up the reasonable time issue. He could also have additional advice for you. Good luck!

Post back and let us know what happened.