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First Month Rent & Security in NY

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cyanfalcon

Junior Member
What is the name of your state? New York I moved into a place in November 1997. I ofcourse paid first months rent and first months securtity. The place was then sold, bought, put into forclosure and now this new landlord is telling me that I owe her security because it was my job to get this back from the original landlord. Shouldn't she have gotten that when she bought the house? What if she just sells the place and moves to Scottland? How would I be able to get it from her had I gave it her? I am now going to court on Holloween. Am I safe if I provide the proof that I paid first month rent and security all those years ago or is she correct?
 


BL

Senior Member
New York

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

Virtually all leases require tenants to give their landlords a security deposit. The security deposit is usually one month's rent. 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.

Landlords, regardless of the number of units in the building, must treat the deposits as trust funds belonging to their tenants and they may not co-mingle deposits with their own money. Landlords of buildings with six or more apartments must put all security deposits in New York bank accounts earning interest at the prevailing rate. Each tenant must be informed in writing of the bank's name and address and the amount of the deposit. Landlords are entitled to annual administrative expenses of 1% of the deposit. All other interest earned on the deposits belongs to the tenants. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. If the building has fewer than six apartments, a landlord who voluntarily places the security deposits in an interest bearing bank account must also follow these rules. For example: A tenant pays a security deposit of $400. The landlord places the deposit in an interest bearing bank account paying 2.5%. At the end of the year the account will have earned interest of $10.00. The tenant is entitled to $6.00 and the landlord may retain $4.00, 1% of the deposit, as an administrative fee.

If the building is sold, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord.

Purchasers of rent-controlled buildings or buildings containing six or more apartments where tenants have written leases are directly responsible to tenants for the return of security deposits and interest in cases where the purchaser has "actual knowledge" of the security deposits. The law defines specifically when a new owner is deemed to have "actual knowledge" of the security deposits.

When problems arise, tenants should first try to resolve them with the landlord before taking other action. If a dispute cannot be resolved, tenants may contact the nearest local office of the Attorney General, listed at the end of this booklet. (General Obligations Law, Article 7)
_____________

Your New LL is responsible , 30 days is reasonable amount of time to return it .
 
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cyanfalcon

Junior Member
Sorry but I confused toward the bottom. (If the building is sold, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants.) So what if the money was neither given to the Tenant or the Landlord. So is this saying that I was supposed to get the security from the previous landlord to give to the current landlord. I do not know where to find this person. I didn't even know he was selling the place. Wasn't she supposed to get that money when she purchased the home?
 

BL

Senior Member
cyanfalcon said:
Sorry but I confused toward the bottom. (If the building is sold, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants.) So what if the money was neither given to the Tenant or the Landlord. So is this saying that I was supposed to get the security from the previous landlord to give to the current landlord. I do not know where to find this person. I didn't even know he was selling the place. Wasn't she supposed to get that money when she purchased the home?
Simply put , The New owner takes responsibility , weather or not the SD was transfered upon closing .
 

cyanfalcon

Junior Member
Thanks Blonde! Last question! Is that still the case if the house is a 4 to 5 family house. Because your post states 6 family house or more. Sorry about this question!
 

BL

Senior Member
cyanfalcon said:
Thanks Blonde! Last question! Is that still the case if the house is a 4 to 5 family house. Because your post states 6 family house or more. Sorry about this question!
This responsibility exists whether or not the new owner received the security deposits from the former landlord.

Yes , the New LL is still responsible .. You paid SD on that premises .
 

You Are Guilty

Senior Member
It applies to all residences of more than two families. The 6-family and up "exception" is that in those cases, the landlord has to deposit the security in an interest bearing account, which is not a requirement in the smaller dwellings.
 

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