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Posted by isaac on August 09, 1999 at 10:29:15:

In Reply to: Re: COME ON LEND A HAND. I'M DESPERATE!!!!!! I know why posted by Ann on August 04, 1999 at 22:16:47:

The property manager is acting on behalf of the owner, therefore the owner is responsible.
Unfortunately, even if your apartment is rent-stabilized, you will not get any help from DHCR, as that agency claims that is has no jurisdiction over security deposits.
You will have two choices, if you move out and wants your security deposit back: either Small-Claim Court, or the Attorney General's Office. (That is why most tenants do not pay the last-month rent).
In the meantime, tell the LL that you expect that your security deposit will be kept in an interest-bearing account at a bank, separate from the LL's own account, and that you expect to receive interest (less 1%) from that account comes next January. Tell him that you will contact the AG's office if this does not happen (do it in writing, cc the AG's office).
Also, check the AG's website and read up on the security deposits section.

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: : you paid your security deposit in CASH! therefore you have no reciept!

: : or #2......you lost your lease and reciept for the security deposit.....

: : ..............next time you'll know better then to pay cash or lose your reciept....

: : Thank you.........

: : Unfortuantely you missed the whole gist of the question.l paid in check, have the receipt and the lease. So, that is not the issue. The issue is whether the owner is ultimately responsible for paying me my sec dep since he contracted with a property mgr (who acted as his agent) who went bankrupt.

: Why respond to an honest question with such a negative attitude especially considering you did not even read the question posed correctly? If you have a reply that is helpful I would appreciate it as that is my understanding of what this forum is for. However, if you don't why not keep your negativity to your self.
: If there is anyone else out there with some genuine advice, I would appreciate it.
: Thanks

: :
: : : I rented my townhouse from a person through a realtor/property mgr acting on the owners behalf. I gave her my security deposit. The property mgr went bankrupt. The owner is saying he is not responsible for returning my deposit because he did not physically get the $$ from the propery mgr. Can anyone tell me whether he is ultimately responible since the property mgr was acting on his behalf as his agent. If you are aware of a laws/cases to back this up let me know. I live in Va. Responses needed ASAP.

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• Re: COME ON LEND A HAND. I'M DESPERATE!!!!!! I know why isaac 8/09/99 (0)

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Comments:
: The property manager is acting on behalf of the owner, therefore the owner is responsible.
: Unfortunately, even if your apartment is rent-stabilized, you will not get any help from DHCR, as that agency claims that is has no jurisdiction over security deposits.
: You will have two choices, if you move out and wants your security deposit back: either Small-Claim Court, or the Attorney General's Office. (That is why most tenants do not pay the last-month rent).
: In the meantime, tell the LL that you expect that your security deposit will be kept in an interest-bearing account at a bank, separate from the LL's own account, and that you expect to receive interest (less 1%) from that account comes next January. Tell him that you will contact the AG's office if this does not happen (do it in writing, cc the AG's office).
: Also, check the AG's website and read up on the security deposits section.

:                 *********************************
: : :   you paid your security deposit in CASH! therefore you have no reciept!

: : : or #2......you lost your lease and reciept for the security deposit.....

: : : ..............next time you'll know better then to pay cash or lose your reciept....

: : :     Thank you.........

: : :  Unfortuantely you missed the whole gist of the question.l paid in check, have the receipt and the lease. So, that is not the issue. The issue is whether the owner is ultimately responsible for paying me my sec dep since he contracted with a property mgr (who acted as his agent) who went bankrupt.

: : Why respond to an honest question with such a negative attitude especially considering you did not even read the question posed correctly? If you have a reply that is helpful I would appreciate it as that is my understanding of what this forum is for. However, if you don't why not keep your negativity to your self.
: : If there is anyone else out there with some genuine advice, I would appreciate it.
: : Thanks 

: : : 
: : : : I rented my townhouse from a person through a realtor/property mgr acting on the owners behalf. I gave her my security deposit. The property mgr went bankrupt. The owner is saying he is not responsible for returning my deposit because he did not physically get the $$ from the propery mgr. Can anyone tell me whether he is ultimately responible since the property mgr was acting on his behalf as his agent. If you are aware of a laws/cases to back this up let me know. I live in Va. Responses needed ASAP. 


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