Security Deposit Return Issue

[DA3411]

To start I should say that all of this information exchanged between Brian and I was via email and I have saved it all.

When I moved into this apartment, the security deposit was $1,100.00. At many points I complained to Brain about the condition of the apartment. I asked when the last time it was painted, I asked him when the floors were done. The place was falling apart. He would never respond. So eventually he wrote me if I don’t like it as it is I could be free to leave at a mutually agreed date. We agreed to be out the last day of June.

I should mention back in April/may I was 30 days late with April’s Rent. Brian had paper work drawn up to have me evicted. I eventually got the money to him by the 30th day and he “called off” the lawyers. He also wrote to me that the eviction was his error and if I needed a reference he would give me one.

I had asked Brian if I would be getting me FULL security back, because if not I wouldn’t leave. He had said as long as the place is in good shape, it wouldn’t be a problem to get the FULL security returned. I had asked him on several occasions about this, and he led me to believe that indeed I would get it all back. I was confident in the condition of the apartment, as I fixed much of it up myself due to Brian’s unresponsive behavior. I had put a lot into the place, painting etc. I also asked him about what bank he deposited the security deposit and what it may have earned, I never got an answer.

Brian wrote me if the apartment is fine, to which it was, I would get my FULL security back in 2 weeks time. Well in about 16 days I got a check for $490, not the $1.100. Brian claims that it was due to legal fees from the eviction he started. The very same eviction that he wrote to me was his error, in his words “management screwed up” .

And on the back of the check, Brian wrote by the endorsement line, “For Security Deposit paid in full 6833 Narrows Avenue, Brooklyn NY Apt. rear, Less legal fees, check fees and lost rent fees as agreed”.

To this I have to say that it certainly was not our agreement. I was told in no uncertain terms I would get full security back. There was no discussion of LOST RENT FEES, as he is the one who offered me the opportunity to leave (please see email#). Brian also said the eviction was his mistake. . Lastly, it clearly states on the Lease that “The successful party in a legal action or proceeding between landlord and tenant for Non-payment of rent or recovery of possession of the Apartment may recover reasonable legal fees and costs from the other party.” Well, there was not a successful party, Brian withdrew his complaint and in fact claimed it was his mistake. By the very nature of the lease, I should not be responsible for those fees. I was promised a full security refund but I did not get it. Brian also never addressed my inquiries about security deposit interest, or where he deposited my security.

What can I do? I want my money.... Any advice? Thanks!!!!