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Posted by JJ on April 01, 2000 at 00:02:24:

In Reply to: How Much Time Does A Landlord Have to Return A Sec Dep? posted by Heidi Weymouth on March 31, 2000 at 19:59:53:

: I had an apartment in NY state, not rent controlled or stabilized. We moved out of this apartment in June of 1999. In December of 1999, he cashed the check for my security deposit. That was 6 months after we moved out of the apartment, is that legal. If not, where can I find the law so I can print it out. I am taking him to small claims court. We live in VT now where a landlord can only keep the deposit for 14 days, after that they lose all claim to it. What is the limit in NY? I can't find it anywhere. Any information would be greatly appreciated. Please send it to

: Heidi9177@aol.com

Did you actually move in?

When did you move into this apt? Most landlords cash the security deposit check the same time they cash the first month rent chack. Landlords have to return the deposit within a 'reasonable time' after you move out: 'reasonable' is not defined in the law, but 1-2 months is not unusual.

My real questions are: 1. If he had not cashed it when you left, why did you not just put a stop payment on it? 2. Why did the bank cash it? not sure but I've always heard that a check was stale at 6 months and would not be honored by the bank: call your bank.
: Thanx!

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• Re: How Much Time Does A Landlord Have to Return A Sec Dep? Alice 04/05/00 (0)

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Comments:
: : I had an apartment in NY state, not rent controlled or stabilized.  We moved out of this apartment in June of 1999.  In December of 1999, he cashed the check for my security deposit.  That was 6 months after we moved out of the apartment, is that legal.  If not, where can I find the law so I can print it out.  I am taking him to small claims court.  We live in VT now where a landlord can only keep the deposit for 14 days, after that they lose all claim to it.  What is the limit in NY?  I can't find it anywhere.  Any information would be greatly appreciated.  Please send it to 

: : Heidi9177@aol.com
:   

: Did you actually move in?

: When did you move into this apt?  Most landlords cash the security deposit check the same time they cash the first month rent chack.  Landlords have to return the deposit within a 'reasonable time' after you move out: 'reasonable' is not defined in the law, but 1-2 months is not unusual.

: My real questions are: 1. If he had not cashed it when you left, why did you not just put a stop payment on it?  2. Why did the bank cash it?  not sure but I've always heard that a check was stale at 6 months and would not be honored by the bank: call your bank.
: : Thanx!


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