Security Deposit not refunded

[kwalla]

What is the name of your state? New York

My friend moved out of her apartment in April 2005. She notified the landlord with 30 days notice (per the lease agreement) and hired someone to clean the apartment. Everything was left in good condiition.

Per her lease, her landlord has 30 days to address the issue of the security deposit (either to return the deposit or state reasons why he wouldn't, I would assume. He has not contacted her and will not return her calls.

All she has for this man is a cell phone number, a PO Box address and a name. Can you file a complaint with only a PO address?

Any other advice?

Thank you very much!

 

[ENASNI]

What is the name of your state? New York


Per her lease, her landlord has 30 days to address the issue of the security deposit (either to return the deposit or state reasons why he wouldn't, I would assume. He has not contacted her and will not return her calls.

All she has for this man is a cell phone number, a PO Box address and a name. Can you file a complaint with only a PO address?

Any other advice?

Thank you very much!

Q: Can you file a complaint with only a PO address?

When you ask this question, to whom do you wish to file with?
Q: Any other advice?


You can send a CRRR letter to a PO box and I would suggest quoting some of the New York Laws to the Ex Landlord. Specifically about the Security Deposit and what was to have been done with it.



http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

GOB General Obiligations Law
Article 7
TRANSACTIONS
Title 101 and 105
Too big to cut and paste, sorry my scissors are dull... and my dog ate my glue.
Summarized here.
http://www.oag.state.ny.us/realestate/guide_intro.html#6

They want you to try to show that you tried to contact the landlord first before you go running to the courts. So try to establish a papertrial first.
Good luck.

 

[kwalla]

Thank you for your prompt response.

When I referenced "filing a complaint". I should have specified small claims.

So my question should have been worded as "Can you file a complaint with small claims when you only have a name and PO box address for the defendent?"

 

[kwalla]

Thank you for your prompt response.

When I referenced "filing a complaint". I should have specified small claims.

So my question should have been worded as "Can you file a complaint with small claims when you only have a name and PO box address for the defendant?"

 

[ENASNI]

um

First off did you read my links? He needs to show you where the Security Deposit has been held all this time. He needs to give your friend the bank information. So your friend needs to try to scare him into giving back the deposit or at least show that he is being unattainable by refusing the certified letter. If it comes back from the PO Box then she should not open it.
The Clerk in the county that she is going to be filing in should be able to let her know if she can file to a PO Box.

Maybe she has done all the steps I have said and has a papertrail, You also do not say how long it has been.
Or whether it is in the City or without. It matters. You or she can do some research on the specific countys courthouse.
Good luck

 

[JETX]

WOW!!! What a convoluted way to try to get to an answer.....

All she has for this man is a cell phone number, a PO Box address and a name. Can you file a complaint with only a PO address?

Yes.... and no.
All your friend has to do is to go to the county (borough?) clerks office and do a property search using the address. VOILA!! The owners name... and probably address.

If she is still unable to get the address that way (simple), then IF THE PO BOX is actually a USPS box (and not a private service, like Postal Plus, etc.), then she can advise the USPS office that she wants to make a request for PO Box holder information 'under 39 C.F.R Section 265.6(d) (1989)".
Or she can simply download the request form here: http://www.tcpalaw.com/free/pobox.pdf

 

[ENASNI]

WOW!!! What a convoluted way to try to get to an answer.....

Yeah, I know... I am embarrassed, I thought it was in Landlord tenant issues and answered as if it was. I have to look at the Forum Titles from now on.

Thanks for saving the day JETX!

 

[kwalla]

Thank you both for the information you provided. I will post a follow-up to this thread to reveal the outcome.

 

[BL]

Ahh , yes , the County Clerks , Treasuers - The owners do have to pay taxes .