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Security Deposit Question — Brooklynian

Security Deposit Question

blinktoe
blinktoe
edited November -1 in Park Slope
Ok you people, I need help.

Had year lease ending July 31, 2009. Gave notice June 29. Was out in time. Left space cleaner than we found it.

Had given 1 mo. sec. + 2 mo. for a pet sec. deposit. $2040 per month = $6125 deposit.

Contacted Sept. 2 asking for deposit. Was told there was a "smell" from pets coming from the apt. and they were looking into fixing it, thus being able to give the entire thing over.

I tried several times to make arrangements to come smell and see if I could fix it. No dice. I got the run around. Finally asked for secuity deposit back. Have been ignored.

What's my first step in suing? Where do I go? What website? Who do I talk to? I already read past questions on the board about how to do this, but nothing on how to start.

Comments

  • ejs
    ejs
    Small claims court. I had to do this to get my money back from a scumbag son who took over my old apartment after his mom (my original landlord) died.

    I believe I filled out forms online. Then I was given a court date. First time, landlord asked for extension. Second time, we agreed to see an arbitrator instead of a judge (they strongly push you for this, and you agree that it's binding.....otherwise you wait much longer for a judge).

    In my case, landlord made up crazy stories saying I destroyed the floors, plumbing, made big holes in the wall. He was just a dirtbag. I knew he was a dirtbag, so I took pictures of EVERYTHING when I was moving out - floors clean, closets clean, fridge empty and clean.

    I showed up with a log of all conversations, copies of my written notice to vacate and pictures.

    They told me I'd have an answer within a week. Two days later I received notice in the mail that I had won the entire amount and landlord had 30 days to pay it or I could call the marhsalls on him (I would have almost forfeited the money to see that!).

    So, start online for Kings County Small Claims Court.

    I don't know what can be proven about a smell, but make sure you are documenting your conversations (dates, times).

    If you need more info, check tenant.net. They are experts and this stuff. $6k is a lot of money to be waiting on
  • modsquad
    modsquad
    Try posting the same post on Tenant.net for some free advice.
    http://www.tenant.net/phpBB2/
    LL has no obligation to let you remedy the situation once you've left.
    or call Marty Silverman 212 219 2100, good tenant lawyer.

    Try Brownstoner too.

    http://www.brownstoner.com/forum/

    After some initial abuse there will be some good advice.

    Thanks to Andy Cuomo, a democrat, the following
    http://www.ag.ny.gov/bureaus/consumer_frauds/filing_a_consumer_complaint.html
    Not sure if this would help other than have the AG address on the envelope.
  • degoldstein
    degoldstein
    Shit. Small claims court only goes up to $5000. Not sure what you do for >that. Guess you have to go to regular civil court or something.
  • opossumqueen
    opossumqueen
    Maybe start with a certified letter that you are taking him/her to court to get the deposit back. Just letting them know you are serious might make a check hit the mail.
  • pmonk
    pmonk
    And that is why you never pay the last months rent
  • brooklynpotter
    brooklynpotter
    Flexichick wrote: Shit. Small claims court only goes up to $5000. Not sure what you do for >that. Guess you have to go to regular civil court or something.
    this is shitty, i'd forgotten it was so puny. but, i believe there's also another option of suing for up to 10k? 25k? with an arbitrator not a judge. i forget the exact laws, but i almost had to take my former publisher to said court. i know there's one that's bigger than small claims but smaller than big court.
  • nykittyny
    nykittyny
    Wow, 2 months rent is an outrageous pet deposit fee - I used to be a broker and never heard of one higher than one month's rent.

    The problem with pet smells, if they are actually there and causing a problem, is that they are nearly impossible to get rid of. If there are pee smells coming from hardwood floors, nothing you show up and do/scrub with/clean with is going to rid the apartment of the problem. If a litter box was sitting in the same spot for years, the smell can often seep right through to the wood. I have known landlords who had to have good hardwood floors ripped out and replaced to solve the problem. Is it possible that the smell was there in the floors, and you had just grown accustomed to it? Many pet owners cannot detect that subtle smell, but non-pet owners sure can.
  • ben
    ben
    pmonk wrote: And that is why you never pay the last months rent
    And this is why landlords collect last month's rent plus security deposit.
  • blinktoe
    blinktoe
    pmonk wrote: And that is why you never pay the last months rent
    I didn't. It's that pet security deposit that's killing me. (We have three dogs, and he asked for a month for each. We managed to talk him down to two.)
  • blinktoe
    blinktoe
    Flexichick wrote: ...I believe I filled out forms online....
    Where? That's the part I'm having a tough time with. I have photos and video, written notes on phone conversations, all emails saved and ready to be printed.
  • stacey
    stacey
    There is recourse in the Civil Court

    http://www.courts.state.ny.us/courts/nyc/civil/general.shtml

    and here are the Civil Court forms

    http://www.courts.state.ny.us/courts/nyc/civil/forms.shtml
  • modsquad
    modsquad
    blinktoe wrote:
    We have three dogs, and he asked for a month for each. We managed to talk him down to two.
    That IS a lot of DOG!
    image
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