Legal Question in Real Estate Law in New York

security deposit with holding

I recently moved out of an apartment, and am waiting for the returnof my security deposit. The landlord is claiming that some younger relatives of ours caused chips in the paint of her vehicle. She is claiming she is witholding a portion of my security deposit to pay for the damages. We are aware that the damage was not caused by our relatives(children playing with a ball), but even if that cant be proved or disproved, can she keep our security deposit for the apartment to pay for vehicle damages she claims were caused by our younger brothers?


Asked on 5/04/05, 5:19 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: security deposit with holding

No. This kind of "self help" is generally not supported in the courts; nor would the "car" issue be considered an allowable "counterclaim" or "offset" if you sued for return of your apt deposit.

Try the Small Claims Court in your county, if the LL persists in holding your deposit.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 5/05/05, 1:28 pm


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