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Landlord making up late payments to keep security deposit!!!

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manhattangirl27

Junior Member
New York

My lease was up on the apartment I lived in for 1 year 9 months. I had a 9 month lease with the previous owner then a year with the new owner. I was never late with my rent. I gave proper notice, cleaned the apartment, and left. When no one would respond to me regarding my security and key deposit, I sent a firm letter to the owner saying that I would report them to the Attorney General if I didn't get a reply. That day they mailed me my deposit but held $350 saying that my rent was late 8 times. I emailed them and said that was a load and he said for me to prove I was never late. I always paid on time and there was never a late fee on the monthly invoices. In fact, they gave me a letter of recommendation for my next apartment that said that I never had any trouble paying and owed no back rent or arrears. I pointed this out to the landlord and he said his letter doesn't mean anything and that they aren't required to notify me that I owed a late fee. I'm calling bullsh**. He's just being spiteful because I demanded my deposit back. I told him I would file a complaint and he said for me to do my worse. Can someone point me to a specific NY law that says what he's doing is wrong? By his logic, I could pay my rent 2 months in advance and he could claim I was late just because he deposited the money 4 months later. Thanks.
 


manhattangirl27

Junior Member
Yes, they were allowed which is why I paid on or before the first. But if I mailed my October rent on the 25th of September and he doesn't cash it until the 15th of October and my November invoice doesn't have a late fee charge, how is that legal??? In theory he could have done that for the 21 months I was there and then said, by the way you owe me a billion dollars in late fees that I didn't tell you about as they accumulated! The lease says that "added rent" is billed and payable as rent. If he doesn't bill me for it how can he say I didn't pay it? All of which is moot because I was never late...
 

BL

Senior Member
File your complaint and include the letter of recommendation whereas it states you were never late .

But for the record when was your form of payment dated , and did you allow 3-4 delivery days ( each month ) for the LL to receive it ?

Can you you prove it all?

If so , include that with your complaint .

( copies of all - of course ).

Or take the LL to court with ALL your proofs .
 

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