Legal Question in Landlord & Tenant Law in New York

Questions about suing my former landlord

I moved out of my apartment December 1st, 2007. There was no breach of lease, and I provided two months' notice. To this date, I have still have not gotten my security deposit back. The landlord keeps saying she'll return the money but has made no effort to do so, despite asking nicely numerous times and threatening legal action. My questions are thus:

The rented apartment is upstate, and the landlord lives in NYC - where will the case be handled?

Can I sue for only the deposit amount (plus interest), or is six months' worth of hassle and noncompliance on the landlord's part, grounds for suing for a higher amount (due to aggravation, etc)?

Thank you.


Asked on 4/29/08, 5:45 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Questions about suing my former landlord

1. Either Upstate or NYC. I would suggest NYC since a judgment is quickly enforceable through the Marshal's office.

2. You can sue for the deposit amount plus interest. Aggrivation and hassle will not be compensated.

Mike.

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Answered on 4/30/08, 8:14 am


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