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Landlord not returning SD; possibly renting illegally anyways

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landlordthrow

Junior Member
What is the name of your state (only U.S. law)? New York

Landlord called my fiance's mother on 2/23 to tell us we needed to leave because they are selling their house and oh btw the realtor will be there any day. We left as fast as possible (weren't given a final date but wanted out ASAP because his behavior was pissing us off) and signed a new lease on 2/27. Moved in 3/1, spent that month returning for car load after car load after car load of belongings and cleaning from ceiling to floor. We even rented a Rug Doctor to clean the carpet. This took a while as I was being treated for insomnia, worked part time, and went to school full time and neither of us owns a very large vehicle.

Here it is the end of April and they are refusing to return our deposit. Actually, they are refusing all contact. They are screening their calls, not returning messages, and finally gave my fiance's number to their daughter so she could harass us instead. She is claiming that she "works in a law office" and we "won't ever see that money" because we "destroyed the carpet and the place smelled because of your dogs" and "my parents didn't even know you had left". She even said, "Do you really want to fight us for just $300" like because it's not a super high deposit, we should just let them keep it! None of what she said is true and we have photos and previous tenant statements to prove it; she ignored all this and kept asking "when did you leave" but provided no response after we answered and has stopped communicating with us entirely. Prior to this drop, she insisted they had had to hire a carpet cleaner so we texted back asking for the contact info of the company. She hasn't replied and it's been days. We're filing a report with the attorney general but something the other tenant pointed out has made me wonder...

According to the previous renter, this man's residence was being rented illegally. Almost the entire top floor was on one circuit so it would blow all the time. He said a family member is an electrician and did the work. It was also impossible to shower without being burned if someone on the opposite side of the house even GLANCED at a faucet the wrong way. They turned off the heat in the winter, forcing us to live with an electric heater instead to save them money. He says the landlord was renting it illegally and not claiming the income on his taxes as it wasn't declared to be a two apartment residence in the first place and it wasn't modeled to operate as a separate apartment. If that's true, that is $7200 a year, for 3+ years between each tenant, that he pocketed without claiming.

I'm wonder if there are actually any laws or regulations that he broke here because I'm about at the end of my rope. I'm being accused of living like trash and I really don't appreciate it. My temper is flaring so I want to go into this with guns blazing, assuming I have any ammo at all...
 
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Zigner

Senior Member, Non-Attorney
You occupied the place for a month without paying rent. You also damaged the unit. I agree that you should drop this - you could end up being out way more than $300


What is the name of your state (only U.S. law)? New York

Landlord called my fiance's mother on 2/23 to tell us we needed to leave because they are selling their house and oh btw the realtor will be there any day. We left as fast as possible (weren't given a final date but wanted out ASAP because his behavior was pissing us off) and signed a new lease on 2/27. Moved in 3/1, spent that month returning for car load after car load after car load of belongings and cleaning from ceiling to floor. We even rented a Rug Doctor to clean the carpet. This took a while as I was being treated for insomnia, worked part time, and went to school full time and neither of us owns a very large vehicle.

Here it is the end of April and they are refusing to return our deposit. Actually, they are refusing all contact. They are screening their calls, not returning messages, and finally gave my fiance's number to their daughter so she could harass us instead. She is claiming that she "works in a law office" and we "won't ever see that money" because we "destroyed the carpet and the place smelled because of your dogs" and "my parents didn't even know you had left". She even said, "Do you really want to fight us for just $300" like because it's not a super high deposit, we should just let them keep it! None of what she said is true and we have photos and previous tenant statements to prove it; she ignored all this and kept asking "when did you leave" but provided no response after we answered and has stopped communicating with us entirely. Prior to this drop, she insisted they had had to hire a carpet cleaner so we texted back asking for the contact info of the company. She hasn't replied and it's been days. We're filing a report with the attorney general but something the other tenant pointed out has made me wonder...

According to the previous renter, this man's residence was being rented illegally. Almost the entire top floor was on one circuit so it would blow all the time. He said a family member is an electrician and did the work. It was also impossible to shower without being burned if someone on the opposite side of the house even GLANCED at a faucet the wrong way. They turned off the heat in the winter, forcing us to live with an electric heater instead to save them money. He says the landlord was renting it illegally and not claiming the income on his taxes as it wasn't declared to be a two apartment residence in the first place and it wasn't modeled to operate as a separate apartment. If that's true, that is $7200 a year, for 3+ years between each tenant, that he pocketed without claiming.

I'm wonder if there are actually any laws or regulations that he broke here because I'm about at the end of my rope. I'm being accused of living like trash and I really don't appreciate it. My temper is flaring so I want to go into this with guns blazing, assuming I have any ammo at all...
 

landlordthrow

Junior Member
How did we occupy the place for a month when we didn't live there? We are entitled to a reasonable period of time to move and I don't call 8 days reasonable. We were told a realtor was coming and we needed to leave so we went as fast as we could.

You also failed to read my post all the way through. They CLAIMED damage. We have photos proving a lack of damage and already know, for a FACT, that normal wear and tear does not make a unit "damaged" so that's bull as well. And we also have previous tenants claiming the carpet was damaged when THEY got there. In fact, the last guy didn't trust them and only paid $300 of the $600 for the last month's rent because he knew if he paid $600 and asked for the $300 SD, they'd be the type to lie to keep it. They didn't press the issue and when we moved in, the carpet was already dirty but for $600 a month we went with it anyways. So yeah, pulling the damaged unit thing out of thin air there. Please take the time to read the post and reply to my questions regarding legal requirements to rent your upstairs if you have any knowledge of it. It's not my fault that his son in law does the painting and carpeting of the place and he screwed it up, nor is it my fault that the landlord hasn't cleaned the carpet prior to any other tenants. He caught us because we didn't know to withhold part of the rent like the other guy.
 
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Zigner

Senior Member, Non-Attorney
How did we occupy the place for a month when we didn't live there?
This:
...spent that month returning for car load after car load after car load of belongings and cleaning from ceiling to floor.
You didn't vacate the unit for a month.

We are entitled to a reasonable period of time to move and I don't call 8 days reasonable. We were told a realtor was coming and we needed to leave so we went as fast as we could.
Your LL asked you to move and you agreed. You could have refused.

You also failed to read my post all the way through. They CLAIMED damage. We have photos proving a lack of damage. And we also have previous tenants claiming the carpet was damaged when THEY got there. In fact, the last guy didn't trust them and only paid $300 of the $600 for the last month's rent because he knew if he paid $600 and asked for the $300 SD, they'd be the type to lie to keep it. They didn't press the issue and when we moved in, the carpet was already dirty but for $600 a month we went with it anyways. So yeah, pulling the damaged unit thing out of thin air there. Please take the time to read the post and reply to my question at least.
Oh, I READ your post...but I can assure you that the other party will show evidence that you damaged the unit...
 

landlordthrow

Junior Member
I can assure you that the other party will show evidence that you damaged the unit...
I can assure you that photos taken the final night of cleaning tagged with metadata (that neat stuff that includes ISO, dates, locations, ya know?) would say otherwise. I think the fact that you're assuming that I, a total stranger, trashed his apartment goes a long way to show what kind of "help" you'll be good for. I'll wait and file my complaint, as advised by a professional; this is what you get on the internet after all. I've got a landlord saying he "didn't know we were gone" trying to kick us out in under the required amount of time and I've got an internet "lawyer" saying it's my fault. Yeah, there's a guy to hire! I really hope you don't screw up too many people who post here.
 
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Zigner

Senior Member, Non-Attorney
I can assure you that photos taken the final night of cleaning tagged with metadata (that neat stuff that includes ISO, dates, locations, ya know?) would say otherwise. I think the fact that you're assuming that I, a total stranger, trashed his apartment goes a long way to show what kind of "help" you'll be good for. I'll wait and file my complaint, as advised by a professional; this is what you get on the internet after all.
Alrighty then... :rolleyes::rolleyes::rolleyes:
 

Silverplum

Senior Member
I can assure you that photos taken the final night of cleaning tagged with metadata (that neat stuff that includes ISO, dates, locations, ya know?) would say otherwise. I think the fact that you're assuming that I, a total stranger, trashed his apartment goes a long way to show what kind of "help" you'll be good for. I'll wait and file my complaint, as advised by a professional; this is what you get on the internet after all.
We all wave goodbye, goodbye!

:rolleyes:
 

Gail in Georgia

Senior Member
"We left as fast as possible (weren't given a final date but wanted out ASAP because his behavior was pissing us off) and signed a new lease on 2/27. Moved in 3/1, spent that month returning for car load after car load after car load of belongings and cleaning from ceiling to floor."

Did you pay rent for March?

Even though you did not reside in that rental unit, the fact that you had access to it (i.e., retained the keys) means you remained a tenant and were required to pay rent during that time you were getting your items out of the unit.

" Almost the entire top floor was on one circuit so it would blow all the time.It was also impossible to shower without being burned if someone on the opposite side of the house even GLANCED at a faucet the wrong way. They turned off the heat in the winter, forcing us to live with an electric heater instead to save them money. He says the landlord was renting it illegally and not claiming the income on his taxes as it wasn't declared to be a two apartment residence in the first place and it wasn't modeled to operate as a separate apartment."

None of this means anything in this current issue of your security deposit return.

If you believe your security deposit is being withheld unfairly for damages that you believe are normal wear and tear and the landlord is not responsive to your requests to return this, your option is to consider a lawsuit (typically in Small Claims court) for these funds.

Gail
 

FarmerJ

Senior Member
Now that you gave up possession of the unit it not only is pointless to complain about any former repair issue , the time to complain to city inspections was when you lived there. You wrote in your subject line >>Landlord not returning SD; possibly renting illegally anyways<< You gave up possession of the unit so to complain about >>possibly renting illegally anyways< the court wont care if you decided to challenge the LL in small claims court. You wrote > We are entitled to a reasonable period of time to move and I don't call 8 days reasonable.< You were entitled to proper notice and while under that notice you would have been obligated to pay rent. What kind of vehicle you own has no bearing on moving since a moving van /big truck or even calling a service like Pods could have done it for you. Your school schedule work schedule , health issues will not matter. Complaining to AG offices , pointless, you don't have control of the rental space any more nor do you have city inspections reports and since you don't live there any more The LL doesn't have to let them in just because you say so , so your only option is to prove to small claims court Judge you didn't damage the things the LL said you did . Previous tenants what ever they have told you would likely be treated as hearsay in a court room so what they had to say to you is pretty pointless. With small claims court to dispute the amount held back if your former LL has proofs and can show the court that there was no pet pee before you moved in but found pet urine stains after you moved out even if they ripped out the carpet if they had a pro treat the flooring under the carpet to get rid of pet urine from your pet , I can see where it might run pretty high, like hiring out having the floor sanded enough so new poly would bind then having the floor sealed with poly again since short of ripping out wood floors or flooring that is porous there is no other way to get rid of pet urine. If by chance they can show a court more than 300.00 in damages you risk that they could actually win a counter suit against you.
 

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