My landlord withholding my security deposit.

[uriel]

NEW YORK STATE I moved out of my New York City apartment on March 28th which was 3 days before the month was over. I told my land lord that I'd be back by no later than the 31st to clean whatever messes I had to leave behind for not having time to do it on my moving day. Well before I had a chance to go back my landlord went and threw out the oven and said I have to pay for a replacement. There was nothing wrong with the oven at all and it worked fine but it was a little dirty from frequent use and he says it couldn't be restored. However I am confident I could've cleaned it up. Furthermore, he went in and chucked the oven two days before the end of the month and since technically I paid through the 31st I think I should've had the right to at least attempt to clean the thing before he went and threw it away. Am I wrong about this?

Also, I read in the NY state general obligation law: Title 1, section 7-105, that a land lord has 5 days from the expiration of the lease to pay back the security deposit. It has been the better part of a month since I moved out and I haven't recieved anything. That law also mentions that failure to comply is a misdemeanor offense. Do I have grounds to press criminal charges as well as civil charges for him not returning my deposit on time?What is the name of your state?

 

[JETX]

Am I wrong about this?

Personally, I don't think you are wrong in your logic..... however, the fact is the landlord can do or claim anything that he wants. However, landlords are responsible for repaying money that rightfully belongs to their tenants. If you feel that you received an incorrect amount on your refund at the end of your tenancy, you can pursue an action in small claims court, or contact the New York State Department of Law, which accepts tenant complaints involving security deposits. Even though you can pursue these courses of action yourself, the assistance of a lawyer can help facilitate your claim and advise you if you decide to bring a case against your landlord for violating security deposit laws.

Also, I read in the NY state general obligation law: Title 1, section 7-105, that a land lord has 5 days from the expiration of the lease to pay back the security deposit. It has been the better part of a month since I moved out and I haven't recieved anything. That law also mentions that failure to comply is a misdemeanor offense. Do I have grounds to press criminal charges as well as civil charges for him not returning my deposit on time?

NY state laws do not stipulate a specific time that the landlord MUST return the deposit by... but "The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

Usually, a 'reasonable' amount of time is in the neighborhood of 30-60 days; however, the definition of 'reasonable' is not up to you or us to decide."
http://www.housingnyc.com/html/resources/faq/security.html#time

If you feel the landlord is unreasonable in returning the deposit, or the deduction is excessive, the burden is on you to pursue legal action.

 

[uriel]

If there is no official time limit for a land lord repaying the security deposit then what is the meaning of that law (New York State General Obligations, Title 1, Section 7-105)? Seems pretty clear to me that there is in fact a time limit of 5 days. Is this not what this particular law is saying?

 

[JETX]

If there is no official time limit for a land lord repaying the security deposit then what is the meaning of that law (New York State General Obligations, Title 1, Section 7-105)? Seems pretty clear to me that there is in fact a time limit of 5 days. Is this not what this particular law is saying?

Yes... but as I noted earlier, it does NOT apply to you.... unless you have purchased the property from the previous owner/landlord.
The law you are confused about only stipulates that a FORMER owner must forward all monies (including lease deposits) to the NEW OWNER within 5 days.

"S 7-105. Landlord failing to turn over deposits made by tenants or licensees and to notify tenants or licensees thereof in certain cases.
1. Any person, firm or corporation and the employers, officers or agents thereof, whether the owner or lessee of the property leased, who or which has or hereafter shall have received from a tenant or licensee a sum of money or any other thing of value as a deposit or advance of rental as security for the full performance by such tenant or licensee of the terms of his lease or license agreement, or who or which has or shall have received the same from a former owner or lessee, shall, upon conveying such property or assigning his or its lease to another, or upon the judicial appointment and qualifying of a receiver in an action to foreclose a mortgage or other lien of record affecting the property leased, or upon the conveyance of such property to another person, firm or corporation by a referee in an action to foreclose a mortgage or other lien of record affecting the property leased if a receiver shall not have been appointed and qualified in such action, at the time of the
delivery of the deed or instrument or assignment or within five days thereafter, or within five days after the receiver shall have qualified, deal with the security deposit as follows:
Turn over to his or its grantee or assignee, or to the receiver in the foreclosure action, or to the purchaser at the foreclosure sale if a receiver shall not have been appointed and qualified the sum so deposited, and notify the tenant or licensee by registered or certified
mail of such turning over and the name and address of such grantee, assignee, purchaser or receiver.

2. Any owner or lessee turning over to his or its grantee, assignee, to a purchaser of the leased premises at a foreclosure sale, or to the receiver in the foreclosure action the amount of such security deposit is hereby relieved of and from liability to the tenant or licensee for the repayment thereof; and the transferee of such security deposit is hereby made responsible for the return thereof to the tenant or licensee, unless he or it shall thereafter and before the expiration of the term of the tenant`s lease or licensee`s agreement, transfer such security deposit to another, pursuant to subdivision one hereof and give the requisite notice in connection therewith as provided thereby. A receiver shall hold the security subject to such disposition thereof as shall be provided in an order of the court to be made and entered in the foreclosure action. The provisions of this section shall not apply if the agreement between the landlord and tenant or licensee is inconsistent herewith.

3. Any failure to comply with this section is a misdemeanor."

 

[HomeGuru]

and in this situation, 5 days is an unreasonable time period for return of deposit anyway.