Laws for return of security deposit
A quick question about the rules of return of security deposits. Doesn't the landlord have to return the security within 30 days of move out? And what happens if they don't? My daughter, who is out of a job, moved April 1 and the property manager basically said you'll get the deposit when I get around to it. Now, she's gone to legal aid (they can't advise on collection issues) and also tried 311 who said they know nothing about landlord issues.
I know in Jersey if they are sued, the landlord could end up paying for all costs of council as well as twice the deposit amount. Does that hold true in NY?
He also told her she can go to 14 lawyers if she wants to, it won't matter. He's supposedly going to give back the full amount, but she doesn't have money to go to a lawyer. He said maybe he'll have it for her on Monday.
Any suggestions to expedite this situation?? Is this BS or what???
I know in Jersey if they are sued, the landlord could end up paying for all costs of council as well as twice the deposit amount. Does that hold true in NY?
He also told her she can go to 14 lawyers if she wants to, it won't matter. He's supposedly going to give back the full amount, but she doesn't have money to go to a lawyer. He said maybe he'll have it for her on Monday.
Any suggestions to expedite this situation?? Is this BS or what???
Comments
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Here's the Tenant's Rights Guide from the NYS AG office:
http://www.housingnyc.com/html/resources/attygenguide.html
And specifically the section on security deposits:
http://www.housingnyc.com/html/resources/attygenguide.html#6
Security deposits must be returned, according to that page, "within a reasonable time." They also must be returned with interest added, because they're supposed to be kept separately in an interest-bearing bank account, not co-mingled with the landlord's other funds.
There's a link there to a complaint form, but it's incorrect. The correct link:
http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/rent_security.pdf -
Thank you very much.
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The key is "within a reasonable time" -- this is something that has never been fully defined either in law or legal opinion.
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Subject: security deposit return
"Within a reasonable time" is just bogus. With all of the legalese that goes on for ridiculous things, how could something so important to New Yorkers get by without clarification?? Amazing. -
Great news. My daughter got her full security back yesterday. Amazing! :shock:
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Good news. Just curious, did she get it with interest added? I wonder, even though that is the law, how often it actually happens.
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No interest added. She was just happy to get it back and call it a day.
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