Security Deposit Not Returned via Delay Tactics for 1 Year

[nwoonet]

What is the name of your state (only U.S. law)? New York

Hi All,

I rented in New York from 8/13-8/14. At the end of my lease, my landlord emailed me claiming to have mailed me a check amounting to my security deposit in full. However, I have no recollection of receiving the check, and my bank records indicate that that check was never deposited. I realized this last week and informed my landlord. But here's where it get's tricky. Every time I email or call her, she either ignores me (I know she's ignoring me because she'll pick up when I call from other numbers) or tell me that she'll check her bank records/mail out another check as soon as she has time. Twice she has promised to check her bank records by the end of the day, and twice she has failed. She claims she is very busy at the moment helping other tenants move in, and while that's understandable, I can't imagine that it's so severe that she can't take 10 minutes to check her online statements. I'm starting to doubt that she ever mailed out the first check to begin with.

Since it's been over 1 year since the end of my lease, I'm ready to follow-up with legal action. However, if this escalates to court, I'm not sure what my options are, because I've since moved out of NY to Oregon. I don't want to fly across the country to show up in court. I would really appreciate it if someone better versed in law can offer me advice on my legal options.

Thanks!

 

[Zigner]

What is the name of your state (only U.S. law)? New York

Hi All,

I rented in New York from 8/13-8/14. At the end of my lease, my landlord emailed me claiming to have mailed me a check amounting to my security deposit in full. However, I have no recollection of receiving the check, and my bank records indicate that that check was never deposited. I realized this last week and informed my landlord. But here's where it get's tricky. Every time I email or call her, she either ignores me (I know she's ignoring me because she'll pick up when I call from other numbers) or tell me that she'll check her bank records/mail out another check as soon as she has time. Twice she has promised to check her bank records by the end of the day, and twice she has failed. She claims she is very busy at the moment helping other tenants move in, and while that's understandable, I can't imagine that it's so severe that she can't take 10 minutes to check her online statements. I'm starting to doubt that she ever mailed out the first check to begin with.

Since it's been over 1 year since the end of my lease, I'm ready to follow-up with legal action. However, if this escalates to court, I'm not sure what my options are, because I've since moved out of NY to Oregon. I don't want to fly across the country to show up in court. I would really appreciate it if someone better versed in law can offer me advice on my legal options.

Thanks!

In one breath you state that you're ready to follow up with "legal action", but in the next, you don't want to travel from Oregon to NY to deal with this in court. Since court is your only real option, legally speaking, you have to make a choice. Please keep in mind that your travel and lodging expenses won't be covered.

 

[adjusterjack]

I would really appreciate it if someone better versed in law can offer me advice on my legal options.

Thanks!

Either sue in NY or fageddaboudit.