Non-refund of Security Deposit

What is the name of your state? New York, Dutchess County

Of what I understand this is a case for the Small Claims Court:

My daughter signed a lease extending from 11/26/04 to 5/30/05, for an apartment in a private house.

She moved in 11/26/04.

Because of personal problems she wrote a letter dated 1/5/05, to the landlord indicating she wanted to break the lease. The lease says 30 days notice and it was agreed on and the balance of he rent was paid.

I talked to the landlord immediatly after they received the letter and they said they wanted compensation for lost rent which was not part of the lease.
The landlord asked for my assistance to find a new tenant!

My daughter, or rather I, removed all her belongings from the apartment on 1/15/05.

I called 3/25/05 requesting the security deposit to be returned to my daughter. I was told they did not have any money available but would be able to pay in 2 weeks!! I thought secutiry deposits are to be held separate from personal funds?

The landlord called on 4/2/05 indicating that there were damages to the apartment.

On 4/12/05 my daughter sent a registered letter demanding the security deposit back.

On 4/22/05 the landlord sent a regular mail letter indicating damages to the apartment.

Lastly, while my daughter lived in the apartment and also afterwards the landlord had contractors doing repair-work there. My daughter had no control of what as going on in the apartment after she movede out. The apartment was at ground level and the utilioty room was flooded causing unsatinatory conditions.
NY York State does not have a specific time limit for return of Secutiry Deposits. States reasonable time. How long is that?

I have nor heard from this landlord since!

hmm

You are right!!! I could not find a specific time limit!!! It just said "reasonable amount of time." Astounding...

Well anyway, What is a reasonable amount of time? That is the question, and what is the judge going to think... hmmm.

Um about the money co-mingling with personal funds, that is spelled out as a no-no. You should have had the banks name where it was held, I guess in New York The tenants are entitled to interest too, but your daughter probably was not there long enough.

I say another letter CRRR sent and then look into small claims court in your county. IF there were pictures of the house taken at any time to show no damages that would be helpful.

Tell your daughter good luck.

(Oh But Joy it is lucky that she got to break the lease without too much of a penalty, and it is not unusual for the tenant to try to find a new renter. Just FYI... okay? )

I would like to thank ENASNI for his/her reply. My point is that the landlord never mentioned anything about damages until two and a half months after mydaughter moved out and my daughter had no control over what happened in that apartment during that time. The lease stated 30 days notice which was given. The landlord first wanted to keep the security deposit for lost rent, after that they had no money and lastly the subject of damages came up. It really does not make sence, but what does??

Hmm

Joy54 said:

I would like to thank ENASNI for his/her reply. My point is that the landlord never mentioned anything about damages until two and a half months after mydaughter moved out and my daughter had no control over what happened in that apartment during that time. The lease stated 30 days notice which was given. The landlord first wanted to keep the security deposit for lost rent, after that they had no money and lastly the subject of damages came up. It really does not make sence, but what does??

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I Just had another poster who is having a similar problem. Landlord is saying she does not have the money for the security deposit. In their state Tenn. the landlord also cannot mix the security deposit with personal funds. I think we must hinge on that part Joy. If this goes to small claims court the judge will ask the landlord where that bank account is, they will fail to come up with it. This will not make the landlord look good, it will make The LL look sneaky... the "damages" may never come into light. Catching my drift?

I may not be blasting on all cylinders... maybe somebody else will contribute as well... I haven't been back east to New York in 20 years and this California sun done fried part of my brain...
One web site said if anything fishy goes on with your landlord to call the local attorney generals office for your county... might be time to get out the old Yellow pages, my dear.

Good luck and maybe others will post (or call me a ninny... happens sometimes )

Again I would like to thank ENASNY for very good information. If you rent an apartment from a private residence in NYS there is no interest accruing from your security deposit. As far as I uderstand. However your point about keeping a security deposit separate from your private funds is an excellent advise which I missed and I am grateful to you for bringing that to my attention. I would love to visit California, however because of my work I'm stuck in NY.

Gee, people are being awfully nice to me today, must be my new sweater.

I was from upstate myself... Ulster County... Beautiful up there.

Good luck, others might post and give their opinions so don't forget to check in. Please update us as well on what goes on.

Give that old LL a nice letter with some little hint about "see you in court" and see what happens.

"Reasonable amount of time"... how vague of New York... I am going to have to go back there and kick some booty.

I may be a surf Betty now, but I still have the New York attitude!

I like your attitude about things. Thanks for everything!

Bahhh Humbug

ENASNI said:

Gee, people are being awfully nice to me today, must be my new sweater.

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south said:

Bahhh Humbug

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grasshopper.. you old grouch... smog getting to you???

Your Welcome Joy!
Tell your daughter good luck... and let us know what happens.