Legal Question in Real Estate Law in New York
Security Deposit Withheld
I moved out of my apart. on Aug 31st. 6 weeks passed & no deposit refund yet so we checked w/ the office, they said just no check yet from headquarters. A week later finally they state there was damage. They refused to give us proof. Finally the made up a paper and told us we tore the carpet. I went to the apartment and the carpet they said we tore was still there with NO TEAR!! The current renter said that the carpet had not been replaced. They did only replace a carpet in another room after she moved in because it received water damage due to structural problems. What can we do, they will not cooperate and give us the deposit back? Further, if we took them to small claims court can we get back money more than the deposit for being lied to?
2 Answers from Attorneys
Re: Security Deposit Withheld
You should sue. Be sure to take pictures and get the new tenant to come with you to verify the carpet was not replaced. You can probably sue under the law that requires security deposits to be returned promptly, less actual damages incurred, and landlord must verify damage and cost of replacement. Many times this is considered like consumer fraud and you can also get punitive damages (in NJ it is triple the security). Make sure you have the proof that no replacement was made abd pictures, with dates does this.
Re: Security Deposit Withheld
As an addition to the previous reply to your question about your security deposit, and assuming you had no responsibility for the rug that was replaced, you should certainly prevail in small claims court. HOwever, you will not recover for being lied to, but can certainly get your court costs, filing fees and the like. Additionaly, a letter from an attorney might do it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
