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Landlord returns security deposit, but without interest - what do I do?

Started by zbe
over 16 years ago
Posts: 21
Member since: May 2009
Discussion about
I know it's not a lot of money (~ $100 over 2 years), but I know my landlord does this to everyone she rents to, and it is really annoying to be ripped off, regardless of the money. I would like to report her to the equivalent of the BBB / gov agency. To give the complete background, I asked for the interest, but I was told that the deposit was not placed in an interest bearing account.
Response by sma202
over 16 years ago
Posts: 38
Member since: Jan 2007

theres some ny law that states if a dwelling has more than X number of tenants, landlord is supposed to put it in an interest bearing account...look it up...

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Response by ynotie29
over 16 years ago
Posts: 83
Member since: May 2009

You would know if the deposit was placed in an interest baring account if you payed taxes on that interest. If the landlord placed it in an interest baring account of their own name (as opposed to yours,) then that landlord must have been paying the tax on that interest. I guess there is no way to ckeck if the landlord payed taxes on it, but if you never got an INT-99 form in the last two tax seasons, then NO you did not have an interest baring account in your name.

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Response by anonymous
over 16 years ago

Is this for real?

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Response by anonymous
over 16 years ago

Be happy you aren't dealing with this: http://www.streeteasy.com/nyc/talk/discussion/4619-secty-depsit-charge-tenant-for-re-caulking-tub-bc-mold-

oh, and by the way, if your landlord had been listed in a BBB site, would you have noticed it two years ago? If you did notice it, and someone said the whole cost was $100 over two years, would you have chosen another apartment for that reason?

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Response by streakeasy
over 16 years ago
Posts: 323
Member since: Jul 2008

too bad the agent fees that these escrow accounts often cost $20/yr, often negating all interest earned on the acct. I know that's what Rose NYC does.

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Response by qwerty
over 16 years ago
Posts: 139
Member since: Oct 2007

I did the same thing to a tenant, he then asked for the interest. Turns out a landlord is entitled to keep something like $20/year in admin. fees associated with keeping the sec. deposit so after that's deducted you're really looking at only a few bucks that you're owed.
Just eat it. Or, if you have the gusto, take your landlord to small claims court....
My advise move-on....

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Response by Jazzman
over 16 years ago
Posts: 781
Member since: Feb 2009

ZBE - You're wrong about your $100 estimate. Nearly every landlord who puts tenant's deposits in an account put's it in a special security deposit account that banks have. These accounts earn 1.25% or less and then the bank charges a 1% fee. So tenants earn .25% at the most on their money. Landlords do this a "favor" to the bank. The landlord doesn't lose out on anything, but the bank appreciates the fact that they get these deposits with such low rates. In fact, most banks who loan on multi-family properties actually require the landlord to keep the deposits in such accounts - it's part of the loan docs. You can find them on ACRIS.

My last two landlords have paid the interest each year. If you'd like I can send you a copy of the 9 cent check I got this last year.
Wasting any of your time on this is a non-starter. There are better uses of your time.

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Response by Jazzman
over 16 years ago
Posts: 781
Member since: Feb 2009

PS - I think requiring landlords of RS tenants to keep these deposits in interest bearing accounts is a waste. Let them use the funds to improve their properties. I'm not sure of the turnover rate in RS apartments but let's assume it's once every 10 years???? If so there's no need for landlords to keep more than 10% of deposits on hand at any one time. It's an inefficient use of capital.

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