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What happens after an order to show cause...?

NYC Housing Court Practice/Procedures

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What happens after an order to show cause...?

Postby imanygirl » Wed Dec 22, 2010 6:38 pm

OK, here are the basics. Have been in court with landlord and we settled and signed a stipulation saying I would move out of the apartment by Nov 1 and the landlord would have 30 days to return my deposit. It was signed by the judge and I waited 30 days and never received my deposit. I took pictures of the apartment right before I left to show there was no damage and sent a letter to the landlord's lawyers saying that if I did not receive the security deposit within 8 days, I would go back to court and file an order to show cause. I heard nothing back so I went to court and submitted the order and on Monday I go back to court.

So my question is what action can the court take against the landlord to ensure I get my deposit back? It specifically stated in the stipulation that if either party were to default, the other party can ask that the case can be restored to the calendar and seek relief/claims. All I had to do was move out and I did that and returned the keys to the lawyers on the day we both signed the stipulation.

So what (legally acceptable) reason could the landlord possibly give for not returning my deposit (other than damage, which I can prove did not happen)? What can the court do so I can get my deposit back? What can I do if they ask for an adjournment? Can I say I don't agree to an adjournment? We've been going back and forth for over 6 months and I just want my deposit back and to have this put to rest!!

Any info/advice/etc is greatly appreciated! Thanks.
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