Legal Question in Landlord & Tenant Law in New York
Landlord is refusing to refund security deposit (NY)
I entered a lease effective December 1, 2006 for the rental of an apartment. It was a one-year lease, and I moved out at the end of the lease, just before December 1, 2007. I provided more than the 30 days' notice that I would not be renewing (certified letter sent via a law office), and left the house immaculate. The landlord spent my $900 security deposit instead of placing it in escrow, and despite having over a dozen potential renters (plus one of her own agents, who has certified this in writing) certify to her that the apartment is in perfect shape, she is refusing to return my security deposit. It is now January 9, she is overdue to return the money, and instead of making even good-faith attempts to arrange repayment, she is ducking my phone calls and trying to sell the property. What recourse do I have? Can I place a lien against the property? What legal rights do I have in suing her? I have all the supporting documentation that I have more than held up my end of the contract (I've even been showing the apartment for her at my own effort and expense for two months now)? Do I have to sue her? Is there any other, more expedient way, that I can legally recover my money?
2 Answers from Attorneys
Re: Landlord is refusing to refund security deposit (NY)
You can file a petition with the landlord-tenant court for return of the security. Depending on the language in the lease, you may even be entitled to attorney fees.
Mike
Re: Landlord is refusing to refund security deposit (NY)
If you do not want to go to court....write to the NY Attorney General's office and ask for their assistance.
Otherwise, file a complaint in Small Claims Court (cost aprox $20).
You can not lien the property and can be sued for doing so.
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