New owner wont return security deposit

[cachejo]

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

I have been a tenant in a home for the past six years. I paid a security deposit equal to one month of rent when I moved in. The house was sold 2 years ago and now a new landlord owns the house. Now I am looking to move out of the apt, and the current landlord informed me that I wont be getting a security deposit back because I didnt pay him one when he took over the house. Now my question is, who am I to get my security deposit back from?

 

[FarmerJ]

IF you have a copy of your lease DONT lose it, same with your original reciept showing the deposit you paid when you moved in. When you move out , send the LL a short note ` this is my new address___________________________ ` sign it and send it confirmed mail delivery. Then wait for your states required time for LLs to do deposit dispositions after you have vacated , if the new owner fails to address your deposit in the time alotted go to your county clerk of the court and sue the new LL for failing to refund or send you any kind of statement for the deposit you paid and offer to the court your copy of the old lease and your reciept , LL has no excuse , that deposit money should have been credited to LL during the settlement at closing as a credit It doesnt matter if old LL spent the money , it doesnt matter if new one claims ignorance, the deposit money was supposed to be transfered and new owner can sue old for it after he pays you.

 

[BL]

Print this out for the LL( or court if need be ) when you demand your SD return according to law .

If LL won't return your SD after about 30 days ,per law,file suit

Give your new address as per law .

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

NYC Rent Guidelines Board

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. General Obligations Law Article 7, Title 1.
When problems arise regarding security deposits, 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 page. [Rent Security Deposit Complaint Form is available on the Attorney General's website.]

 

[cachejo]

thank you for the advice....there seems to be a real issue with this landlord as he has told me some other things that I didnt mention, since I have posted this thread, like he will not return my security deposit due to a large water bill he had to pay when I had a toilet that was running which he claims since I didnt tell him about I should have paid the bill(unfortunately due to work I am not home much and wasnt aware of it). Also he claims that there if he did a walk through of my apt tomorrow(although i'm not due to move til the 30th)that the condition of the apt would keep me from getting my deposit back. I mean I am in the middle of packing, there are boxes and things everywhere since I am downsizing after six years. And he basiclly ccused me of asking about my security deposit so i could get out of paying the last month rent even though not once did I ever mention that when we tlked about return of the deposit. He still maintains that he did not receive one from old LL and since I didnt pay him one then I am not due one. he says that in his agreement with old LL that there shows I did not pay a deposit to old LL either. Then he basically threatened to get his money regardless, he wont take me to court but he would take my car or other possessions that I have. He did later apologize for that, but this is turning into a big mess, all I wanted to do was move!

 

[BL]

thank you for the advice....there seems to be a real issue with this landlord as he has told me some other things that I didnt mention, since I have posted this thread, like he will not return my security deposit due to a large water bill he had to pay when I had a toilet that was running which he claims since I didnt tell him about I should have paid the bill(unfortunately due to work I am not home much and wasnt aware of it). Also he claims that there if he did a walk through of my apt tomorrow(although i'm not due to move til the 30th)that the condition of the apt would keep me from getting my deposit back. I mean I am in the middle of packing, there are boxes and things everywhere since I am downsizing after six years. And he basiclly ccused me of asking about my security deposit so i could get out of paying the last month rent even though not once did I ever mention that when we tlked about return of the deposit. He still maintains that he did not receive one from old LL and since I didnt pay him one then I am not due one. he says that in his agreement with old LL that there shows I did not pay a deposit to old LL either. Then he basically threatened to get his money regardless, he wont take me to court but he would take my car or other possessions that I have. He did later apologize for that, but this is turning into a big mess, all I wanted to do was move!

You have the cart before the horse . If the LL will not do a walk through ( with two copies of each rooms list to check off on ,date and sign - one copy to give to you that matches the LL's copy ) , then you provide and follow up with a RRR Certified mail ,giving the LL your new address info. to sent your SD minus any lawful deduction that the LL feels exist .

If AFTER 30 days of proper notice and move out ,your SD is not returned ,you file for it's return .

Read the contents of the Links to LL/tenant Law.

 

[cachejo]

thanks for all the help...i will definitely make sure i do everything properly when i move out of my apt.

 

[ecmst12]

Whether he got your deposit from the old owner is between him and the old owner, doesn't change his obligation to return it to YOU.