• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Best way to proceed before filing in SCC?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? NY

In a nutshell, I am trying to get my security deposit back from a LL who sold a building, said only that the current lease would still hold, and then when we moved when the lease was up, she claimed since we didn't give notice, she was keeping the deposit. The lease said nothing about renewal and she never asked us if we were staying, only that the current lease would not change (which said that it ended on a specific date)

She is trying to say that she sent us numerous emails that we didn't respond to, which is not true. If she sent them, we never got them. There was no reason for us not to tell her we weren't leaving, we thought she knew we were going since the lease was over and we never talked about staying, signing a new lease, etc. Especially if there were new owners.

I want to send a letter asking her to produce these emails if they do exists, so that if this goes to SCC, I will either have proof that she made that up (or "Can't find them") or know if she did send them and they never got to us. There is no way that we just never responded.

Should I send one letter asking for these emails and that's it, or a combination letter asking for the emails but also notifying her that because we never got these emails we still expect our deposit to be returned to us and if not we will file in SCC?


Senior Member
First , tell us what the Clause in the Lease State's about move out Notices .

Secondly , tell us when you moved out , before OR after the new owners took possession ?

Thirdly , your communication should have been in writing , especially your move out notice , by return receipt requested certified mail , with you keeping a copy and the return receipt .

If you moved out AFTER the new owner took possession , your beef is with the NEW owners , not the old one .


Junior Member
Apologies, I should have mentioned that I had already posted the specifics of my case about a month ago, but to keep it all together:

There was nothing in the lease about notice, nothing in the lease about renewal, automatic our otherwise. We had a one year lease with specific start and end dates. The real estate agent was the person who told us the house was sold and no one ever told us with whom, we figured that wasn't that weird as we thought by their language (that the current lease with no renewal or notice clause was still good, but nothing about staying after or not) we would be out at the end of the lease. The previous LL never contacted us after the Real Estate agent told us that it had sold.

When we spoke with her about doing a walkthrough of the apartment, that's when we learned they hadn't expected us to leave. She was surprised that we were leaving and we were surprised she thought we were staying. When she spoke with us on the phone she said that it "technically" hadn't even sold yet. I'm not a real estate expert, so I don't know all that goes on with that. At the time, I also didn't know that if we stayed and they accepted rent, we would turn into month to month, which is also why I thought we would be leaving. Isn't it irresponsible to stay in a place after the explicit contract terms doesn't make it sound like there is any reason granting you to continue?

Our ex LL now says she gave the deposit to them, but I think she was still "technically" the owner when we left, as she told us on the phone that it hadn't "technically" been sold... even though we got a call a few months before from the real estate agent.


Senior Member
Well it sounds like you will have to bring a small claims action .

When you File , tell the Court Clerk that you want to subpoena the rental records , the sale of the property , and any and all records pertaining to it ,from the Old LL , The Real Estate Agency , and the New Landlord .

The Judge will then decide If you are due a security Deposit , and if so from whom .

I suppose you will have to name all them on your Petition , but the Fact is all the info . should have been transfered t the new owners .

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential