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Security Deposit

Started by Eastside
almost 8 years ago
Posts: 146
Member since: Aug 2009
Discussion about
Hi My landlord withheld money from my security deposit saying some of the walls had discoloration - not true.....doesnt respond to my calls and trying to avoid small claims court.....i guess i could try mediation but any other alternatives? Its Brodsky building....anyone know the email extensions for the top execs there? thanks
Response by RealEstateNY
almost 8 years ago
Posts: 772
Member since: Aug 2009

That's why tenants don't pay the last month's rent and use the security for that purpose. Best of luck.

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Response by Squid
almost 8 years ago
Posts: 1399
Member since: Sep 2008

Never a good idea to withhold last month rent.

Try AG office - they offer help with mediation: https://ag.ny.gov/consumer-frauds/housing-issues

Rent Security Deposits: The Office of New York State Attorney General offers, as an alternative to filing a lawsuit, a mediation service to assist tenants in recovering rent security deposits and interest. To access the Office’s mediation service, simply file a rent security complaint form with the Office of the New York State Attorney General, Bureau of Consumer Frauds and Protection at 120 Broadway, 3rd Floor, New York, New York, 10271.

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Response by RealEstateNY
almost 8 years ago
Posts: 772
Member since: Aug 2009

"Never a good idea to withhold last month rent."

Why's that?

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Response by Squid
almost 8 years ago
Posts: 1399
Member since: Sep 2008

Because nonpayment can harm your credit rating. Because if you are planning to rent elsewhere and need a letter of rec from previous LL you're screwed. Because LL can decide to be a d*ck and take you to housing court for breaching the terms of your lease.

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Response by RealEstateNY
almost 8 years ago
Posts: 772
Member since: Aug 2009

Hey Squid, times must have changed since I was a landlord back in the 80's and 90's. It was standard operating procedure for tenants to use security for the last month's rent. Of course if the tenant left the apartment in bad shape, then it was off to Small Claims Court if necessary.

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Response by Squid
almost 8 years ago
Posts: 1399
Member since: Sep 2008

Yeah I think a lot of people still do it...

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Response by steve123
almost 8 years ago
Posts: 895
Member since: Feb 2009

I wonder if this is a small landlord vs big landlord thing?
Renting from big old school NY landlords, I always got the entire deposit back.. promptly... with interest added on top.

My rentals from individual owners in condos have nitpicked and kept most/all of deposit for BS like "I had to repaint" (which they do during every occupancy) or the apartment not being as spotlessly cleaned as they desired.

I got better value for the monthly rent with the smaller guys, but the deposit was basically a write-off.

The best thing you can do in NYC is find a decent deal and don't move too often.

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Response by JSM31
almost 8 years ago
Posts: 34
Member since: May 2017

How much of the security deposit did your landlord hold back? Are we talking about a few hundred bucks? The amount is going to determine if it is worth fighting or writing off. Did you take pictures of the empty unit to verify its condition before you left?

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Response by jaky
almost 8 years ago
Posts: 48
Member since: Jul 2011

I recently went through this. Use the AG mediation service. If that doesn't work, go to small claims court. I don't understand the aversion to SCC.

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Response by 30yrs_RE_20_in_REO
almost 8 years ago
Posts: 9877
Member since: Mar 2009
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