Landlord shall not return security deposit

[rkhan147]

I live in New york and my previous landlord intends to keep my deposit as he said on the day i moved out of his apartment.I am still giving him the 30 days reasonable time to pay me back my security deposit.

After the 30 days is it wise to send him a letter stating
"since you did not send me anything in mail you the landlord have lost your right to deduct anything from the security deposit and have kept it in bad faith and should return it immediately within 10 days from the date of this letter after which i shall retain an attorney to assist me in recovering and you shall be held liable for return of my security deposit , and court and attorney fees "

Or should i call the attorney general's office and file a complain.

 

[Cvillecpm]

It is common to make a written demand, and the sue in small claims

 

[Gail in Georgia]

New York only specifies within a "reasonable time" period for return of security deposit OR documentation of why this was kept. No where does it state that this must be within 30 days.

Gail

 

[Zigner]

New York only specifies within a "reasonable time" period for return of security deposit OR documentation of why this was kept. No where does it state that this must be within 30 days.

Gail

HOWEVER, 30 days would quite likely be considered "reasonable". The LL may have a reason that would allow for more, but it had better be a darned good one!

 

[ecmst12]

I don't see the harm in sending the letter first, why go to court if you don't have to?

 

[BL]

I live in New york and my previous landlord intends to keep my deposit as he said on the day i moved out of his apartment.I am still giving him the 30 days reasonable time to pay me back my security deposit.

After the 30 days is it wise to send him a letter stating
"since you did not send me anything in mail you the landlord have lost your right to deduct anything from the security deposit and have kept it in bad faith and should return it immediately within 10 days from the date of this letter after which i shall retain an attorney to assist me in recovering and you shall be held liable for return of my security deposit , and court and attorney fees "

Or should i call the attorney general's office and file a complain.

What is his reason the LL intends to keep the SD ?

I see nothing in NY law that says the LL forfeits the right to damages if notice of deductions are not sent .

It would be up to a court to decide .

 

[rkhan147]

What is his reason the LL intends to keep the SD ?

I see nothing in NY law that says the LL forfeits the right to damages if notice of deductions are not sent .

It would be up to a court to decide .

We didnt agree on two walls and drape holes which were already there. After which he said that we will have to go to court.They had a leaking fridge and asked us to put a cup under the drip and empty it out every hour.some nerve.
They seemed very nice in the beginning and soon as they got our deposit they changed face.
Easy to take the deposit and not wanting to return it . ALso they did not give us detail on which bank and amount of interest on it which they have to return .

My advice to anyone who rents an apartment ..make a video and take pictures before you move in.