Problems getting back security on apt?

I just realized that we will have an extra $3000. when we move out of our apartment into a house.

But my landlord has proven himself a first class jack@ss over the years, and I worry about him giving me a problem about the security.

We signed a lease for the first year, but that was it. So we do have a receipt for the 3k we gave him plus the first month's rent. I could just not pay him rent for the last two months, which would give us an extra $200. because our rent went up, but depending on the closing, that might be tricky.

Has anyone had this problem, and if yes, how did you deal with it? I don't know what the legalities are of this, if I have any leverage to threaten him some way. That's usually the only way I get him to do anything.

Re: Problems getting back security on apt?

I'm not sure- we have always lived in buildings so this has never been a issue

I would call him and remind him about it

Re: Problems getting back security on apt?

the only way that money won't get to you is if you have damaged the apt in some way.

most, if not all, places will do a "walk through" to make sure that you don't owe them anything in repairs.

my last move, it took about a month for me to get my money back.

i would strongly advice that you pay your rent for the last two month, he can make your life difficult if you don't.

not sure if that was what you wanted to hear.

good luck

Re: Problems getting back security on apt?

I had a landlord that we thought we wouldn't get our security back, but thankfully it was given to us in full about a week after moving.

Definitely pay your last two mths rent.

I'm not sure what kind of legal action you could take, but I'm sure there's help if he doesn't return it - especially since you have a receipt.

Re: Problems getting back security on apt?

Re: Problems getting back security on apt?

I'd be direct and call him. Ask him for date to check out and go over the apt together. They have 30 days to give your deposit back I think. Standard deductions are fair, but you should be notified ahead of time on what they are.

Re: Problems getting back security on apt?

I'd make a friendly call to see about getting it back.

If he acts funny about it, follow it up with a certified letter (CCing your lawyer) requesting the deposit, and mentioning the phone call on XXX date.

Before you leave, take pictures of the empty apartment so he can't pin any damages on you.

Re: Problems getting back security on apt?

Re: Problems getting back security on apt?

I am going through this right now but from the LL side and not in NY.

I evicted the tenants as of March 15 and I have 30 days to do the final walk through, note any damages attributed to them and list the deductions from their security deposit. I have to send the letter by day 30 with the check - which they are not getting since the apartment is a wreck.

We did a walk through prior to the move out to tell them what to repair in order to get their security deposit back. You should call your LL to ask if and when they expect to do the preliminary walk through so you can try to get back as much of your security deposit as possible. We use a very detailed check list and we take photos. For this walk through the tenants made a video. And later they did make an attempt to fix the items noted in the preliminary walk through.

In the case of our tenants, the security does not cover all the labor & materials needed to get the place back in order. I allowed them to paint the kids room blue and they were to paint it back white before moving out. I also had them spackle all the nail holes from their photo collection. Well, being that the husband is a painter by trade, I expected it to be done well - it was crap and had to be done over along with replacing damaged bedroom doors, a broken kitchen cabinet door, broken dishwasher face plate and other items.

Many tenants try to "live out" the security deposit but that money is to get the unit back to rentable condition if the tenants damage anything. I do not recommend you try to "live out" the security since the LL could then sue you for the rent & the cost of any repairs. I am going through that right now too for the same apartment but with the prior tenants who broke their lease and "lived out" the security deposit along with stealing stainless steel appliances and light fixtures + switch plates and leaving their garbage in the unit (including a water bed we had to have drained and removed).

Did I mention that there are many days when I do not like being a landlord

Message edited 3/29/2007 12:21:44 PM.

Re: Problems getting back security on apt?

You can't just not pay him rent for the last two months. Security is not given for that reason. If you did that, he could sue you in court for the rent that is due and then try to keep the security claiming the apartment was damaged.

If he is the jack@ss you claim, make sure you take pictures and a video of the condition of the apartment. Send him a certified letter telling him when you are moving out and that you will do a walk-through with him being present. If possible, have a video camera with you for this and he, then, cannot dispute the condition of the apartment. If he refuses to do this or just doesn't show up, do it anyway and make sure it is dated and timed. He must refund your security within a reasonable time (not quite sure what this is). Document everything. It's your best defense against any kind of problem.

Re: Problems getting back security on apt?

look into NYS law - if you have been there two years - you have a lot more leeway - walls don't have to be spotless, carpets can be worn, etc.

If you don't get it back, file in small claims court. (have your photos and cancelled checks and you will most likely have the ruling in your favor)


just FYI for other people renting - I was told long ago to take pictures of anything wrong in the apt when moving in and mail the pictures to yourself and NOT open the envelope. The post mark will prove the damages

Re: Problems getting back security on apt?

Re: Problems getting back security on apt?

Thanks for the info and advice everyone.

I should have clarified - when I said we could live out the last two months rent free, I meant with his blessing. I would not do something unethical like that without good reason or permission.

The tenants upstairs did that a few years back, but they left the place dirty, with pieces of furniture that they didn't want still in it, etc. The landlord never did a walkthrough.

I did take pictures of the apartment when we moved in 6 years ago which show things that are no longer there, like the old stove that has since been replaced. And they were printed with the date and time on the back by the photo processing place. The joys of film cameras.

The house is under the name of the father of my landlord, not him. He never answers my first call, he waits until I have to nag him three times before calling back. Whenever work has to be done to the house, it's always these random guys that "do him favors" instead of a service company. I've had to pay for emergency repairs outright and deduct them from the rent because he couldn't be reached. He changed the electric into his name years ago and told me to tell anyone that asked that we were relatives of his, not paying him for rent. He tried to get me to pay him a general dollar amount for the electric but I refused to without copies of bills.

So you see, all these things are a bit shady, and that's why I'm worried. $3,000 is a lot of money! Interestingly enough, one of the people upstairs is a lawyer. We're not close, but I think I'll keep in touch with him because he has a seething hatred for the landlord and would probably be on my side.

Re: Problems getting back security on apt?

It sounds to me like you're lucky to be moving out. Clearly the apartments are not legal and/or he is not reporting the rent as income for tax purposes.

If you're not successful getting your deposit back at first, you might send a letter return receipt requested indicating that if you do not receive a satisfactory response after 10 days, you will copy the town (or whoever is in charge of zoning) on your next letter.

Re: Problems getting back security on apt?

Ooh that's a good idea, sending a registered letter. Just an FYI, here's our new address for our 3k security deposit that you promised us, kind of thing. That way it's not a threatening thing, but it's in writing in case I need it.

It is a legal 2-family house but he was trying to go for something financial - refinancing? Or maybe Star? But he said he was turned down, and that I could put the electric back in my name.

Re: Problems getting back security on apt?

So weird... My theory won't work then if it's back to being in your name.

I'd DEFINITELY send it return receipt so you can prove they got the letter. And, yes, nonthreatening (as always) to start with.

GOOD LUCK!

Re: Problems getting back security on apt?

Just one thing to add. You say you could live out the last two months rent with "his blessing". Make sure you have this in writing. This is one shady guy and, since, he is not the legal owner of the property, you need to get that from his father. Otherwise, it means nothing.

Re: Problems getting back security on apt?