Legal Question in Credit and Debt Law in New York

Landlord Security Deposit Dispute

I moved out of my apartment 8 months ago. Did not get my security deposit back. The landlord did not respond to the Attorney General, when I asked for intervention, does not return my calls, and hangs up on me when I call his house, and he answers. I emailed him and said this: ''I will be driving through Binghamton in the next two weeks. If I do not receive the money I am owed, I will stop at your house, expecting a check. If that does not yield results, I will proceed accordingly. Interpret that any way you want, but it will be well within my legal limits.'' He wrote me back saying ''that is a clear and present threat, and he will respond immediately if I show up at his house.'' Now I am taking him to court. My question is, did what I say constitute a threat. Do I have a right to go to his house? I was never given any reason for him not returning my deposit in 8 months. He ignores me, and I live 70 miles away. I did not, in any way threaten him with physical harm, and in fact, explicitly said ''well within my legal limit.'' I have been told by other family members that I certainly do have the right to ring his doorbell, seeking payment. Can you please verify this? I hope that I did not hurt my chances in court. Thank you very much.


Asked on 12/09/06, 11:38 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Landlord Security Deposit Dispute

Nothing you said is criminal since what you said is too vague to be construed as a threat. Nonetheless, you should do away with anything but a legal action against the landlord. I assume you can prove you paid a deposit and owe the landlord nothing...Take him to court and win the money. You should know where he banks, his acount info is on every one of your cancelled checks...Don't tell him anything about his bank account...wait until you've restrained it after you win your judgment. Be a little smart. Don't talk so much, just sue him.

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Answered on 12/09/06, 11:56 pm


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