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Q: After promoting our house in Brooklyn, my household and I rented for 14 months from an proprietor in our constructing. We thought we had a very good relationship together with her and took glorious care of the house. However after we moved out, she returned solely a small portion of our safety deposit and mentioned she was withholding the remaining whereas she assessed some “questionable” points. All have been both her accountability, like altering the locks, or the constructing’s. She by no means informed us the place the safety deposit was being held, nor produced an bill exhibiting how the deposit was used to deal with any points. We’ve heard nothing since August, regardless of our makes an attempt to achieve her. We at the moment are dwelling abroad and are out 1000’s of {dollars}. What can we do?
A: Your landlord has doubtless violated New York state legal guidelines by not returning your safety deposit in a well timed method and by not supplying you with an bill with particulars of harm to the house and the best way your deposit was used to repair it. The Housing Stability and Tenant Safety Act of 2019 requires landlords to return safety deposits inside 14 days of the tenant leaving the unit, apart from itemized damages past regular put on and tear.
The regulation is obvious: If a landlord fails to offer the tenant with the itemized assertion and deposit inside two weeks, “the owner shall forfeit any proper to retain any portion of the deposit.” The burden of proof is on the owner; violating this regulation may imply paying the tenant as much as twice the quantity of the deposit.
You may write a requirement letter requesting that the safety deposit be returned, and a potential provide to enter an out-of-court settlement with the intention to keep away from litigation, with a forwarding handle, mentioned Steven Ben Gordon, a lawyer who represents tenants.
If that doesn’t work, submitting a lawsuit in small claims court docket may assist you to recuperate your cash. Dwelling abroad would possibly make this troublesome in case you’re unable to make it to New York to signify your self. You may rent a lawyer, however it is best to weigh the price of lawyer’s charges towards no matter cash you can recoup in court docket.
Even when the owner had given you a listing of damages inside 14 days, however the gadgets weren’t enough causes to withhold the deposit, “then you could have a lawsuit the place the tenant goes to win,” mentioned Joshua Value, an actual property lawyer based mostly in Manhattan.
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