Legal Question in Landlord & Tenant Law in New York
Security Deposit
Moving out of state to Virginia,3/01/09 landlord rented the place when we move out,they will move in the same day in the evening.He said he will mail security Deposit,can I demand before I leave?he dont have the money on him,but when the other party moves in,he will have the money.
1 Answer from Attorneys
Re: Security Deposit
You can "demand" immediate return of the security. However, that does not mean he must deliver the money to you.
The fact that another tenant moves in the same day is good for you, since it demonstrates that you left the premises in good condition. However, I would also take pictures of the premises before you leave.
If after a week or two the landlord continues to withhold security, I would sue him in small claims court. However, the problem with small claims is that the action must be commenced where the landlord resides (in NY). However, you do not have to be physically be present to file the action. You can contact the clerk for the forms.
Mike.
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