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?
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?