Legal Question in Real Estate Law in New York

I gave a $1300 refundable security deposit on a short term (2 1/2 month) apartment rental on Long Island, NY. There was no agreement in writing, it was all done verbally. When I moved in (hadn't seen the apt. as I was coming from FL) it was apparent that it hadn't been cleaned as it took me several hours to clean the refrigerator and bathroom. Now that I am moving out the landlord(who I came to find out was not the person I made the security deposit and 1st month's rent check to) because it was her mother who acted like the landlord and it's really the daughter, is having the apt. professionally cleaned and deducting it out of my deposit. Do I have any recourse?? Also, who do I contact if I think the appropriate taxes are not being pd on this rental...the IRS???

Asked on 3/31/10, 10:57 am

Michael Markowitz Michael A. Markowitz, PC

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The landlord may not deduct the amount from security (unless previously agreed to in writing or unless damage was greater than normal wear and tear).

I would sue the landlord in small claims court for the return of the security.

Mike.

Answered on 4/05/10, 11:24 am

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