Posted by Anna on September 02, 1999 at 10:48:07:
In Reply to: landlord takes 500 dollars off my deposit without reason posted by Maya on September 02, 1999 at 09:12:43:
: I have been renting a room in NYC, and it is in the apartment of the landlord.
: I have been living there since the 16th of January 1999. I am now leaving.
: I paid 1500 dollars deposit (2 months). Everything is in good condition,
: but the landlord tells me that he is going to keep 500 dollars because he
: feels that I bothered him while I was there "because I was at home too often" .
: He also added that because I was working, he decided that the rent I paid
: for these 8 months was not high enough. I did not argue about it,
: because as I did not have any written lease agreement, he could have kept
: the entire deposit without me being able to do anything.
: He told me he thought of keeping everything or one month and half,
: but as I was quiet, and a "good girl" (his own words), he would take
: only 500 dollars, and allows me to stay 3 days more, for which
: I pay an additional 100 dollars, until the apartment I am supposed
: to move in is ready. (that shows we are on good terms, doesn't it?).
: conclusion: I don't know if I can do anything about it,
: but I am sad to see how dishonest people can be. This guy has a
: lot of money, and 500 dollars are nothing to him, but it is a
: lot of sweat and work for me to get this amount of money.
: I don't wish him anything bad, but I wished he could
: be ashamed of what he does. I just hope he will
: keep his word this time and give me back 900 dollars
: when I move out.
It sounds like you are a 'roommate'; even so, whoever you pay rent to is your landlord and this deduction is illegal. It is a violation of NY State laws for a landlord to refuse to return your security deposit for the reasons you described. He can only deduct for damages beyond 'normal wear & tear'. Please take a lot of photographs of your room after you remove your belongings and before you turn the keys over to him: they will help you get your full deposit back in Small Claims Court later (you should wait to sue until after you move: you won't need a lawyer and you can ask for an interpreter if English is not your native language). Please read about Security Deposits and Small Claims Court on TenantNet Home http://tenant.net/index.html : start by clicking on the NY Tenants Info in the right-hand column.
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