What to do if my landlord is avoiding me so as not to pay back my deposit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my landlord is avoiding me so as not to pay back my deposit?
I gave him advanced notice about moving out. I even have him on a recording about that he’d be there on my last day moving out, yesterday, and him saying he would be there last night to give me the money once I’ve moved out. He texted me, when he knew I was at work, at 1:28 pm to tell me he’s leaving in an hour and won’t be back until Tuesday. Should I just take him to small claim’s court or not?
Asked on March 31, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A landlord can only retain a security deposit (1) to pay for damage, beyond normal wear and tear, which a tenant (or the tenant's family, friends, pets, or guests) cause; or (2) to cover any unpaid rent which the tenant left owing. If a landlord is withholding the deposit for any other reason without the tenant's consent, that is unlawful, and the tenant may sue for its return, including in small claims court. If the landlord appears to be uncooperative, you wish to initiate a lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.