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Uniform Residential Landlord & Tenant Act in New Yor

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Uniform Residential Landlord & Tenant Act in New Yor

Postby ProptyLaw28 » Wed Jan 25, 2006 3:13 pm

Would anyone how the Uniform Residential Landlord and Tenant Act work in New York City or Brooklyn. Specifically section 2.101 on Security Deposits and prepaid rent.

My story is that my former LL witheld a portion of my security deposit because she claimed I was on the roof of the building during a party, which occured more than a year before I decided to leave the building. The LL continued to claim that because of this a roofing guarantee was rendered void. When I demanded written proof of this, either a copy of the guarantee, or something that proves it was indeed voided because of my actions, the LL changed stances to my being on the roof left footprints on the roofing coat, which constituted damage. Again, I asked for written evidence regarding this , but the LL produced nothing. Nor did the LL ever produce a written statement of her witholding of the security deposit, which according to the lease she had to do.

The LL did produce a written receipt with an inccorect date on a roofing company's stationary that we found out was forged as the roofing company had never worked for the LL or at my old apt.'s location.

I took the LL to small claims court for the amount witheld. We had a hearing and were adjourned so that the LL could talk to a lawyer the LL had been receiving rather dubious legal advice from. In the meantime, I looked up the Uniform Act, which seems to state in section 2.101:

(b) Upon termination of the tenancy property or money held by the landlord as security may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with Section 3.101 all as itemized by the landlord in a written notice delivered to the tenant together with the amount due [14] days after termination of the tenancy and delivery of possession and demand by the tenant.

(c) If the landlord fails to comply with subsection (b) or if he fails to return any prepaid rent required to be paid to the tenants under this Act the tenant may recover the property and money due him together with damages in an amount equal to [twice] the amount wrongfully withheld and reasonable attorney's fees.

I am pretty confident that my old LL is in violation of this as she has failed to comply with much of it. If this is so, can I exert the will of the Uniform Act and claim twice the amount witheld? Advice, anyone?
ProptyLaw28
 
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Re: Uniform Residential Landlord & Tenant Act in New Yor

Postby Anna » Wed Jan 25, 2006 4:20 pm

NYS has not adopted the Uniform Residential Landlord and Tenant Act; we wrote our own laws...

There are many recent posts re suing LL for refund of sec dep. Browse thru various forums & read some.

Read esp those on commingling funds: if LL failed to abide NYS laws requiring holding T's sec dep in a trust fund, seperate from LLs money, T is entitled to full refund, even if some unusual damage beyond 'normal wear & tear' can be proven. Click search, above left, set to 'all open forums', search for 'mingling'
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Re: Uniform Residential Landlord & Tenant Act in New Yor

Postby Downtown » Thu Jan 26, 2006 10:10 am

If LL cannot show proof of separate account for security....that's a win.
Burden of proof is on LL to show 1. That you caused damage. 2. Timely letter from roof company that damage done by you has voided guarantee (can't be dated now) and/or was the cause of some roofing problem. [I know of a similar situation (also in Brooklyn), new construction....builder claiming that warranty voided because upstairs tenant left pail on roof. Therefore will not fix any leaks, even though this is obviously not tenants fault in causing.]
There are some real jerks out there looking for any excuse to void a warranty. But LL would still have to prove that you did this, LL suffered damage as result and was damage asked for in a timely manner before deposit kept.
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