telefunken
Junior Member
What is the name of your state (only U.S. law)? New York
I'm having a lot of trouble getting my deposit check back from my landlord. I'll briefly describe the series of events, and if anyone who can help, or offer advice, needs more details, just ask.
As stated in my lease, I gave my landlord 2 weeks notice that I would be vacating my apartment at the end of August. I had more or less moved out around August 25th and had moved into my new apartment. However, there were a few things left in the apartment that I needed a friend to help me move. On August 31st, I went to the apartment to do the final clean out. I couldn't get into the apartment because someone had attempted to get into the apartment and broke a key (the wrong key) off in the lock, or did something to the lock, so my key no longer worked (the lock was not changed; it was damaged). I called my landlord immediately, and he didn't answer. I finally got a hold of him several days later and told him the situation. He said it wasn't him who broke the lock, but "Ricky" one of his employees. Ironically enough, I had spoke with "Ricky" a few days before and he blamed the landlord. Moreover, the front door of the building, the entrance from the outside (my apartment was on the 4th floor) had been broken for more or less the entire summer. I called the landlord about this numerous times, no response. The door itself, even when working, was a code violation I know for sure, because it is not a "self-locking" door, as required by NY state law. Regardless of this, the door closer broke and was not repaired. In short, anyone could enter the building at any time, and the apartment is in a pretty bad neighborhood. I don't know if the landlord or someone else broke the lock on my door.
When I got in touch with my landlord, I told him that I couldn't get into the apartment to finish getting everything out, because someone broke the lock. We agreed to meet at the building on Friday, September 4th and we'd "figure out a way to get in." Which we did. I explained that it's not my fault that he either broke the lock to my door, or never bothered to fix the front door, so this is why I didn't remove the last of my items. He said ok. We did a walk through the apartment, and I asked him repeatedly (so much so that he actually requested that I stop asking him!) "I'm leaving all of this here, is this okay?" Now, the items I left were not garbage. I left a dining room table I had no means of moving. A bench and some bookcases I had built. A few lamps that came with the apartment, as well as a desk, couch, and other furniture items that came with the apartment. We had a verbal agreement that day that everything with the apartment was fine, and he'd be sending me back my full deposit check.
I waited 2 weeks for the check to come in the mail. After this I called him repeatedly. He did not respond for 2 weeks. He basically didn't respond until I left a message saying I was going to sue him if he didn't call back. Anyway, now he tells me "you left the apartment a pig sty! I had to hire someone to clean it out, what a mess!" I told him that he was either flat out lying to me, or, if the apartment was a mess right now, that's not my responsibility, because a.) the front door is still broken. b.) you can no longer lock my old apartment's door, since "someone" broke the lock, which he has yet to repair. Anyone could walk in the building and walk into my old apartment and I wouldn't be surprised if they did. Regardless, we had a verbal agreement that what I was leaving in the apartment was fine, and he would be returning my full deposit.
Do I have a legitimate case here in small claims court?
I'm having a lot of trouble getting my deposit check back from my landlord. I'll briefly describe the series of events, and if anyone who can help, or offer advice, needs more details, just ask.
As stated in my lease, I gave my landlord 2 weeks notice that I would be vacating my apartment at the end of August. I had more or less moved out around August 25th and had moved into my new apartment. However, there were a few things left in the apartment that I needed a friend to help me move. On August 31st, I went to the apartment to do the final clean out. I couldn't get into the apartment because someone had attempted to get into the apartment and broke a key (the wrong key) off in the lock, or did something to the lock, so my key no longer worked (the lock was not changed; it was damaged). I called my landlord immediately, and he didn't answer. I finally got a hold of him several days later and told him the situation. He said it wasn't him who broke the lock, but "Ricky" one of his employees. Ironically enough, I had spoke with "Ricky" a few days before and he blamed the landlord. Moreover, the front door of the building, the entrance from the outside (my apartment was on the 4th floor) had been broken for more or less the entire summer. I called the landlord about this numerous times, no response. The door itself, even when working, was a code violation I know for sure, because it is not a "self-locking" door, as required by NY state law. Regardless of this, the door closer broke and was not repaired. In short, anyone could enter the building at any time, and the apartment is in a pretty bad neighborhood. I don't know if the landlord or someone else broke the lock on my door.
When I got in touch with my landlord, I told him that I couldn't get into the apartment to finish getting everything out, because someone broke the lock. We agreed to meet at the building on Friday, September 4th and we'd "figure out a way to get in." Which we did. I explained that it's not my fault that he either broke the lock to my door, or never bothered to fix the front door, so this is why I didn't remove the last of my items. He said ok. We did a walk through the apartment, and I asked him repeatedly (so much so that he actually requested that I stop asking him!) "I'm leaving all of this here, is this okay?" Now, the items I left were not garbage. I left a dining room table I had no means of moving. A bench and some bookcases I had built. A few lamps that came with the apartment, as well as a desk, couch, and other furniture items that came with the apartment. We had a verbal agreement that day that everything with the apartment was fine, and he'd be sending me back my full deposit check.
I waited 2 weeks for the check to come in the mail. After this I called him repeatedly. He did not respond for 2 weeks. He basically didn't respond until I left a message saying I was going to sue him if he didn't call back. Anyway, now he tells me "you left the apartment a pig sty! I had to hire someone to clean it out, what a mess!" I told him that he was either flat out lying to me, or, if the apartment was a mess right now, that's not my responsibility, because a.) the front door is still broken. b.) you can no longer lock my old apartment's door, since "someone" broke the lock, which he has yet to repair. Anyone could walk in the building and walk into my old apartment and I wouldn't be surprised if they did. Regardless, we had a verbal agreement that what I was leaving in the apartment was fine, and he would be returning my full deposit.
Do I have a legitimate case here in small claims court?