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Posted by TenantNet on February 26, 2000 at 12:09:37:

In Reply to: Re: Mishandled Security Deposit vs. Demand for Rent...Sheila Sheila... posted by richard on February 26, 2000 at 11:42:08:

Richard, your post here illustrates why you've lost credibility and why people react to you in a negative way. The question was whether the landlord's failure to properly handle the security deposit could be used as a defense and/or counterclaim in the owner's nonpayment proceeding. Instead, you take on the attitude of Judge Judy and lecture the questioner as to her personal finances. She asks for wisdom -- you give her nonsense. And her message even states she's getting her personal finances back in order (none of your business and none of TenantNet's business), so why do you go down this road?

Our policy states clearly that we ask for substance in posting (not necessarily a pro-tenant opinion, but substance). We don't expect people who answer questions to always agree and we don't expect posters to hide bad news if the person asking a question doesn't have a good case or is misguided, but a frank answer can be supportive. There's no reason for your nonsense. I've mentioned this to you several times, both privately and on the board. If you can't make your posts responsive AND supportive, we may consider banning you from the board -- not something we do lightly.

TenantNet

: Here we go again...... How many times do we have to explain that just because you lose your job or have medical expenses ..is NO REASON to pay the rent LATE!

: You say you've been in a rent stabilized apartment for years.....so you are paying FAR LESS then market rates, so where did all your money go? Do you have any 401K or IRA's? do you have any savings? How about credit cards are the balances LOW? Why didnt you take money out of the retirement account to pay for emergency medical expenses?

: Why is it the the landlord always has to suffer? Why havent you asked your parents for a LOAN, to avoid all of this and stay OUT OF COURT?

: And yes every time the rent goes up on a renewal the security must be increased to make it total ONE month..

: So find a way to pay the landlord TODAY......how about not eating out for a month? or take your lunch to work? Or washing your own clothes and not dropping off at the laundromat....all that adds up.

: ===============================================

:
: : I'd appreciate hearing from anyone who has been in my situation or who has advice. I live in a 20-unit rent-stabilized apartment in Manhattan; it is about 100 years old and is not a coop or condo. After years of timely and early rent payments, I lost my job last year and have also been experiencing some medical problems. (I have discussed those problems with my landlord.) Consequently, I sent a postdated check for my January rent to my landlord, which bounced because he deposited it twice earlier than the date I had written on the check. I also have not yet paid rent for February, and today I received a 3-day demand for the two months rent. If not paid by next week, he threatens to commence summary proceedings.

: : I have been wondering if I might have leverage against my landlord, as I believe he has mishandled my security deposit, in the sense of not having deposited it an interest-bearing trust account, as I believe is required by New York law. To date, I have never received any statements about accrued interest, and a Bank Name for a trust account is not referenced on my lease. My lease does acknowledge the deposit, however, although every time I renew, he asks for an additonal amount to bring it up to one months rent (the option of using accrued interest to offset the additional amount has also never been offered).

: : I have just started a new job this week, so my prospects of paying my back rent are good, but it will probably not be in time to forestall an eviction proceeding. Would appreciate opinions as to whether I should ask my landlord in writing to return my deposit immediately as he is in violation of the law, or should I instead wait to use it as a defense when eviction proceedings begin? Would appreciate any wisdom!

: : Sheila

Follow Ups:

• Re: Richard -- read this! I do take this very seriously... richard 02/26/00 (1)
  • Re: Richard -- read this! I do take this very seriously... Sheila 02/26/00 (0)

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Comments:
: Richard, your post here illustrates why you've lost credibility and why people react to you in a negative way. The question was whether the landlord's failure to properly handle the security deposit could be used as a defense and/or counterclaim in the owner's nonpayment proceeding. Instead, you take on the attitude of Judge Judy and lecture the questioner as to her personal finances. She asks for wisdom -- you give her nonsense. And her message even states she's getting her personal finances back in order (none of your business and none of TenantNet's business), so why do you go down this road?

: Our policy states clearly that we ask for substance in posting (not necessarily a pro-tenant opinion, but substance). We don't expect people who answer questions to always agree and we don't expect posters to hide bad news if the person asking a question doesn't have a good case or is misguided, but a frank answer can be supportive. There's no reason for your nonsense. I've mentioned this to you several times, both privately and on the board. If you can't make your posts responsive AND supportive, we may consider banning you from the board -- not something we do lightly.

: TenantNet

: :   Here we go again......   How many times do we have to explain that  just because you lose your job or have medical expenses ..is NO REASON to pay the rent LATE!

: :    You say you've been in a rent stabilized apartment for years.....so you are paying FAR LESS then market rates, so where did all your money go? Do you have any 401K or IRA's? do you have any savings?  How about credit cards are the balances LOW? Why didnt you take money out of the retirement account to pay for emergency medical expenses?

: :     Why is it the the landlord always has to suffer?   Why havent you asked your parents for a LOAN,  to avoid all of this and  stay OUT OF COURT?

: :    And yes  every time the rent goes up on a renewal the  security must be increased to make it total ONE month..

: :     So find a way to pay the landlord TODAY......how about not eating out for a month?  or take your lunch to work?  Or washing your own clothes and not dropping off at the laundromat....all that adds up.

: : ===============================================

: :
: : : I'd appreciate hearing from anyone who has been in my situation or who has advice. I live in a 20-unit rent-stabilized apartment in Manhattan; it is about 100 years old and is not a coop or condo. After years of timely and early rent payments, I lost my job last year and have also been experiencing some medical problems. (I have discussed those problems with my landlord.) Consequently, I sent a postdated check for my January rent to my landlord, which bounced because he deposited it twice earlier than the date I had written on the check. I also have not yet paid rent for February, and today I received a 3-day demand for the two months rent. If not paid by next week, he threatens to commence summary proceedings.

: : : I have been wondering if I might have leverage against my landlord, as I believe he has mishandled my security deposit, in the sense of not having deposited it an interest-bearing trust account, as I believe is required by New York law. To date, I have never received any statements about accrued interest, and a Bank Name for a trust account is not referenced on my lease. My lease does acknowledge the deposit, however, although every time I renew, he asks for an additonal amount to bring it up to one months rent (the option of using accrued interest to offset the additional amount has also never been offered).

: : : I have just started a new job this week, so my prospects of paying my back rent are good, but it will probably not be in time to forestall an eviction proceeding. Would appreciate opinions as to whether I should ask my landlord in writing to return my deposit immediately as he is in violation of the law, or should I instead wait to use it as a defense when eviction proceedings begin? Would appreciate any wisdom!

: : : Sheila


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