Lawyer LL keeping my security deposit.

[coyo5050]

I believe I have an interesting situation where my prior Landlord who is a real estate lawyer and partner in one of Rochester, NY most infamous law firms, is attempting to keep part of my security deposit in retaliation for a situation that I previously posted about on here 3-4 months ago.

http://tenant.net/phpBB2/viewtopic.php? ... highlight=

My security deposit is $800 + pet deposit $300 and he just sent me a personal check for the total amount of $825, listing a $50 carpet cleaning fee, a $50 fridge cleaning fee and a $135 bounced check fee. I know the amount is not large but in principal it bothers me greatly when I know he is trying to take advantage of me because of his occupation. The check was a personal check with his home adress and wife's name on it so I am assuming comingling of accounts is one issue in my favor? The carpet cleaning fee is listed in the lease as an amount that he will deduct from the deposit so I believe regardless of how I feel about it that it is nothing I can recover. He just replaced the one and only 12x12 foot carpet with a new one 2 months ago so there is no need to clean it and it is money he is profiting from. The $50 is one of those typical bogus "cleaning fees" that a lot of LL charge assuming they will get away with it. Fridge was scrubbed clean and no idea how it could cost $50 to clean anyway. Lease stated broom clean I went above and beyond and scrubbed everything.

The $135 bounced check fee is from the prior post. I paid him $10 + $25 which is verbatim what the lease stipulated and he did not question me since then. I assumed he probably accepted it at that point knowing he was going to withhold it from the deposit especially when he sent a new lease a month prior to mine ending for renewal with completely different verbage stating renter is liable for all of his damages. The new lease which I did not sign since I sent a certified letter 45 days prior to lease end terminating it, is I feel a recognition of his legal error and stupidity of his own check writing errors. (please read prior post). I did request to hold over one month in my termination letter to close on my house which he accepted and I in return paid him an additional $40 as a goodwill courtesy since he was planning on raising the rent that amount.

I would like to pursue the return of money rightfully owed to me but am concerned of further retaliation since he is an experienced real estate lawyer. Should I cash the deposit check he has sent me so far to atleast secure that money before he potentially cancels that and tries to send me even less? Would cashing it be an acceptance of any "terms"? Could he attempt to put me in more trouble using his experience and contacts? I know I should be legally right and although the money is small I really need it. I sent an email requesting clarification of the fees and am waiting a reply. Since I know what the reply will be I was going to email back and request an addition check for the other fees excluding carpet cleaning fee or atleast just the $135 check fees or else I would pursue a complaint with the attorney general and possibly file a claim in small claims court.

Suggestions?

Thanks you very much for any help!

[Anna]

"Would cashing it be an acceptance of any "terms"?"

Yes, cashing it might be viewed by SCC as accepting 'payment in full'.
Does check have anything written on memo line or deposit lines?

You could write 'without prejudice' immediately above your signature before you deposit the check.

Contact a local T-org for clarification: http://www.housingchoice.org/legal%20re ... stance.htm

[coyo5050]

No the check did not have anything written in the deposit or memo lines.

[coyo5050]

I have emailed the LL twice asking for an explaination of the one cleaning fee and requesting the return of the money for the "bounced check fee" It has been exactly one week now and he seems to be ignoring me. Is email a bad way to correspond? It has been his prefered method throughout my lease period. Should I just go ahead and skip to filling a complaint with the Atty Gen and file a claim in small claims court? I am still confused on whether to cash the partial check he has given me. I fear him cancelling it if I proceed but don't want to cash it and find out it is considered acceptence. It is very troublesome that he is a real estate attorney.

Thank you for anyones help!