Advice needed regarding apartment security deposit

[munkustrap178]

Advice needed regarding apartment security deposit#1

Posted: 5/22/08 at 11:16pm

I currently rent an apartment from the owner of a townhouse in New York City. I have no lease. Due to her selling the house and other financial woes on her behalf, all tenants were informed on May 13 that they needed to try to find another apartment by June 1.

I was glad to leave, and have found another apartment. The lease will be signed this weekend. However, my landlord cannot afford to pay me my security deposit back. She's a nice, fair, well-meaning lady that isn't looking to screw anyone out of their money. My problem is, not only do I need that security deposit (which I have a receipt for) to pay for my new place, but I'm afraid that after I move out, I'll never hear from her again.

You can't get blood from a stone, but how do I ensure that I will receive my money at all? I have already accepted the fact that I'm not going to get any money anytime soon, but how do I ensure that I get it at all? We can exchange phone numbers and future addresses, but I'm just worried that once I leave the premises, I will never get my money and that I will no longer have any leverage.

Tomorrow morning I plan on calling the Consumer Frauds and Protection Bureau as well as the State Division of Housing and Community. I'm so stressed out right now that I'm looking for your suggestions or advice.

I have researched this online, and I have considered calling a lawyer. I guess I'm hoping someone here knows all the rules or has been through this themselves.

Any advice (non-sarcastic) would be MUCH appreciated.

Thank you all in advance for listening to my whining.

"If you are going to do something, do it well. And leave something witchy." -Charlie Manson

[madbrian]

re: Advice needed regarding apartment security deposit#2

Posted: 5/22/08 at 11:20pm

You can take someone to small claims court without hiring an attorney.

"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson

[munkustrap178]

re: Advice needed regarding apartment security deposit#2

Posted: 5/22/08 at 11:23pm

That is true, but I must also point out that my landlord hasn't yet secured another home. Her phone number will change. All I know about her, after May 31, is her name and previous address. I'm just worried that after we all move out, there will be no way of finding her.

I'm hoping that it doesn't get to the point of going to court. She's a nice woman and I truly feel for her. I guess I've just got to worry about myself at this point, huh?

"If you are going to do something, do it well. And leave something witchy." -Charlie Manson

[Namaste]

re: Advice needed regarding apartment security deposit#3

Posted: 5/22/08 at 11:24pm

The People's Court

[verynewyorkcurious]

re: Advice needed regarding apartment security deposit#4

Posted: 5/22/08 at 11:39pm

I wouldn't leave that apartment until you get the security deposit back. There is no way she has no money if she is selling her townhouse for, what I assume, millions of dollars. She also gave you and the other tenants a very short notice.

[madbrian]

re: Advice needed regarding apartment security deposit#5

Posted: 5/22/08 at 11:45pm

Without a lease, there is probably no right to stay in the apartment. Even with a lease, a landlord usually has time before the security must be returned (30 days?).

"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson

[mejusthavingfun]

re: Advice needed regarding apartment security deposit#6

Posted: 5/22/08 at 11:54pm

You could have squated another month.

[munkustrap178]

re: Advice needed regarding apartment security deposit#7

Posted: 5/23/08 at 12:16am

I know I could have stayed here, but truthfully, it became a matter of not wanting to deal with the drama surrounding the building anymore. It's for the best that I'm leaving. I just want to secure my money without getting shot.

"If you are going to do something, do it well. And leave something witchy." -Charlie Manson

[TheatreDiva90016]

re: Advice needed regarding apartment security deposit#8

Posted: 5/23/08 at 12:17am

I manage my building (in LA, so the laws are different, but...) if you don't have a lease, you are kind of screwed.

"TheatreDiva90016 - another good reason to frequent these boards less."<<>> “I hesitate to give this line of discussion the validation it so desperately craves by perpetuating it, but the light from logic is getting further and further away with your every successive post.” <<>> -whatever2

[munkustrap178]

re: Advice needed regarding apartment security deposit#9

Posted: 5/23/08 at 12:19am

But she admits to owing me money and I have a signed receipt from her saying that I initially paid a security deposit.

"If you are going to do something, do it well. And leave something witchy." -Charlie Manson

[YouWantitWhen????]

re: Advice needed regarding apartment security deposit#10

Posted: 5/23/08 at 2:33am

I am only familiar with California law, but I believe under NY law, without a lease you are considered a month-to-month tenant, and you are entitled to your security deposit if there is no damage to the unit (reasonable wear and tear is permitted).

Here is some info and a resource for NY Law.

http://www.housingnyc.com/html/resources/attygenguide.html

There is also a pamphlet there about recovering security deposits and a complaint for with the AG.

If she had been a decent person, she would have told you before you paid the rent, and you could have withheld it for the deposit.

I would personally try and get her DL number, and anything else you can find to track her down if you have to go after her. I don't know how big the deposit is, but small claims court may be an option.

http://www.oag.state.ny.us/complaints/complaints.html

[Unknown User]

re: Advice needed regarding apartment security deposit#11

Posted: 5/23/08 at 7:48am

Not sure about New York law, but in Illinois, landlords are expected to keep security deposits in a separate account and NOT to spend the money. They have to give it back to you WITH Interest when you move out.

Good luck man- I'd totally sue her. Or does a local TV station or paper have an "Action" column for consumers?

[Mamie]

re: Advice needed regarding apartment security deposit#12

Posted: 5/23/08 at 8:06am

It's the same here BUT those terms are spelled out in the lease. I'm not sure if those terms apply if there was no signed agreement on your part when you gave her the deposit at the time you moved in. Verbal contracts can be legal but like others, I don't know the details of New York law. Is brdlwyr or one of our other board lawyers listening?

www.thebreastcancersite.com
A click for life.
mamie4 5/14/03

Updated On: 5/23/08 at 08:06 AM

[Roscoe]

re: Advice needed regarding apartment security deposit#13

Posted: 5/23/08 at 8:57am

There's a group I can recommend, the West Side Tenants Union. It's basically a group of attorneys who give free legal advice to tenants. You can call 212-595-1274 for their address and hours. They've always been very very helpful to me, they're pleasant and patient. Take as much documentation as you can, they like that.

"If they can get you asking the wrong questions, they don't have to worry about the answers." Thomas Pynchon, GRAVITY'S RAINBOW "Reality is that which, when you stop believing in it, doesn't go away." Philip K. Dick My blog: http://www.roscoewrites.blogspot.com/

[munkustrap178]

re: Advice needed regarding apartment security deposit#14

Posted: 5/23/08 at 4:44pm

Thank you all! Hopefully this will work out.

"If you are going to do something, do it well. And leave something witchy." -Charlie Manson

[SueleenGay]

re: Advice needed regarding apartment security deposit#15

Posted: 5/23/08 at 4:57pm

You don't have a lease? Or are you just "month to month". I am not sure they are quite the same. Regardless, if you have a copy of the receipt for the deposit, she has a multi unit townhouse that she is "selling" (or is it being foreclosed?) she has the money and you have a right to get it back. Call that number Roscoe provided. I am sure they have heard it ALL.

Good luck and don't give up. Even if she is a nice old lady, it is YOUR money and you are entitled to it.

PEACE.

[Patronus]

re: Advice needed regarding apartment security deposit#16

Posted: 5/23/08 at 5:11pm

How long have you been in the apartment? If there is no lease is there any documentation explaining what the security deposit can be used for?

If normal wear and tear can be taken out of the security deposit then she might be able to argue that you weren't getting anything back due to the deposit being used to make repairs prior to the sell of the property.