deposit return?

[KELL]

What is the name of your state? New York
I have a friend that has been renting a house in Nassau county. Her rent is paid up until August but has moved most of her stuff out. The problem is that the LL wont give her back her security deposit stating there was property damage. She had someone from the county come to the house and assess the home and they even stated there was just normal wear and tear and that there is nothing worng with the house. The LL has now served her with papers to go to court and he also changed the locks on the doors. Technically, since her rent is paidi till August doesnt he have to keep the house as is until August 1st and leave all of her stuff alone? She had gone back to the hosue to get some more of her belongings and the locks were changed, so she couldnt get into the home. She cvalled the police and they allowed her to remove the locks and enter the home. How does she go about now, getting her $$ back? he even offered her $ 200.00 on the spot extra to give him the keys that day and told her he would sign a papper staing he would give her back her $$ within 10 days, she obviously didnt trust him and wouldnt give him the keys. She has court with him in 2 days, any advice?

 

[You Are Guilty]

I suggest not being late to the court hearing because that's where this will get resolved, not here.

 

[KELL]

I suggest not being late to the court hearing because that's where this will get resolved, not here.

Excuse me?? I was just asking what anyone here thought from experience, what's with the sarcasism? Its a question, isnt that what this place is for?

Actually, I just checked your profile and saw exactly what you are about. Therefore I wont waste my time "playing" with you.

 

[dequeendistress]

Remove brick from shoulder prior to court date: That was sarcasm, you are guilty did not provide sarcasm.

What did the itemized listing state the damages were? This has already been received? When did the tenant provide notice of moving and was this a voluntary move?

Exactly what is the claim the landlord has which requires court appearance by the tenant (ex-tenant)?


What paper did she refuse to sign, was it the landlord requesting she sign it, why did she not "trust" him/her and this is the reason for not signing the document?

 

[KELL]

Remove brick from shoulder prior to court date: That was sarcasm, you are guilty did not provide sarcasm.

What did the itemized listing state the damages were? This has already been received? When did the tenant provide notice of moving and was this a voluntary move?

Exactly what is the claim the landlord has which requires court appearance by the tenant (ex-tenant)?


What paper did she refuse to sign, was it the landlord requesting she sign it, why did she not "trust" him/her and this is the reason for not signing the document?

He didnt state a list of any damages, the court paper just states that the LL is suing her for damages " Destruction of property" to the house in the amount of $ 3,000.00 She had a 1 year lease, then they went month to month. The LL then decided that he wanted to renovate the upstairs to add to the house another apt. to rent out. She told him at that time that she didnt want other people living in the house b/c she has girls and young children living in her family.
The paper that she refused to sign was one that the LL wanted to just write up, he tired to give her $ 200.00 in cash plus sign this agreement that he would pay her back her security within 10 days. She doesnt trust him b/c he has pulled alot of crap over the last couple of weeks. I was just wondering what her chances were in court with this. If it is in writing from a county inspector that the house is left in good condition, dosnt he have to give her back her security?
Thanks for your help.

 

[dequeendistress]

Yes that may help, and pictures of the so called damages would help. But since there is no clarification as to what is damaged, I don't see how this will happen.

Assumably the landlord feels they have sufficient proof of damage or would not be suing the tenant.

Again, I am assuming this was a voluntary move for the tenant. There are no accrued rental charges included, correct?

This really seems pretty fast if tenant was paid thru to August. When did tenant advise landlord they had moved out.

 

[KELL]

She gave the LL 30 days notice, still paying the months rent b/c thats the way she is. She was a great tennant. I think that this guy is just trying to scare her. There was no itemized list. As of today he has now offered her $ 500.00 in addition to her security to not show up in court now and drop this whole thing, that HE started by goingt o court!! He also made made racial slurrs to and about her.
He also changed the locks like I said, which I think would be illegal for him to do since she was paid up until the end of July?? The security should have been put into an escrow account should it have?

Thanks again!!

 

[You Are Guilty]

Excuse me?? I was just asking what anyone here thought from experience, what's with the sarcasism? Its a question, isnt that what this place is for?

Funny how people are always so quick to complain when they get an answer they don't like.

I was just wondering what her chances were in court with this.

Oh, you're in luck. Although my friend Ms. Cleo is out getting her hair 'did', I see my crystal ball is unfogging as I type this. Let me take a look into the future and see what it holds.... hmmm, very interesting. It says that there's a 3-2 chance your friend loses and has to pay for damages, with the over/under at $200. I can call my bookie Vinny out in Vegas if you'd like some action.

If it is in writing from a county inspector that the house is left in good condition, dosnt he have to give her back her security?

Since you obviously don't understand English very well, let me make this very clear. W-E C-A-N-T P-R-E-D-I-C-T W-H-A-T A J-U-D-G-E W-I-L-L D-O I-N T-H-E F-U-T-U-R-E A-N-D E-S-P-E-C-I-A-L-L-Y W-H-E-N W-E D-O-N-'-T S-E-E A-L-L T-H-E E-V-I-D-E-N-C-E.

Got it?

Thanks for your help.

Anytime.


{edit}
To address an earlier point, she has a right to possession for the full month. Changing the locks mid term is why the LL is afraid of going to court, as he knows he's in the wrong. At a minimum, she's entitled to a return of her rent, pro-rated for the time she was locked out. However, this isn't what you originally asked about.

 

[dequeendistress]

If all that is posted is true and what you are alluding to is true, she should be excited about the court proceedings (period)

 

[KELL]

If all that is posted is true and what you are alluding to is true, she should be excited about the court proceedings (period)

I agree!!! Thank you!!!