Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Can landlord keep security deposit for car left in parking lot (https://www.askmehelpdesk.com/showthread.php?t=270326)

  • Oct 17, 2008, 06:30 AM
    joey012
    Can landlord keep security deposit for car left in parking lot
    I recently moved from an apartment in Hyde Park, NY. I asked one of the managers if I could leave my car there for a few weeks, as I was moving to NYC and had no where to park it. I should have know better, because now he is deducting $100 a week for every week. My car was there. I paid rent till Aug. 31 and moved the car Sept. 26. So to me that means I left it there for 26 days after I left. He is saying I never asked him about leaving the car and took $500 out of my deposit. There is nothing in my lease about this fee. Can he charge me for this? I have not cashed the reminder of the deposit he sent because even if he can charge me I believe I only owe for 26 days, because my rent was paid until the 31st of Aug.
    Thanks
  • Oct 17, 2008, 06:31 AM
    JudyKayTee
    Quote:

    Originally Posted by joey012 View Post
    I recently moved from an apartment in Hyde Park, NY. I asked one of the managers if I could leave my car there for a few wks, as I was moving to NYC and had no where to park it. I should have know better, because now he is deducting $100 a week for every wk. my car was there. I paid rent till Aug. 31 and moved the car Sept. 26. So to me that means I left it there for 26 days after I left. He is saying I never asked him about leaving the car and took $500 out of my deposit. There is nothing in my lease about this fee. Can he charge me for this? I have not cashed the reminder of the deposit he sent because even if he can charge me I believe I only owe for 26 days, because my rent was paid until the 31st of Aug.
    Thanks



    It's your word against his word. Take him to Small Claims Court.

    He will probably say he needed the parking space for the new tenant; you will say he said you could leave your car there for a "few weeks."

    A Judge will decide what is reasonable.

    I'd be grateful he didn't have it towed and impounded.
  • Oct 17, 2008, 06:48 AM
    ScottGem

    Was there a fee for a parking space included in your rental?
  • Oct 17, 2008, 06:51 AM
    excon
    Hello joey:

    The landlord cannot create a contract where there was none. His remedies, as Judy said, were to tow the car or not. He can't arbitrarily decide to charge you.

    Take him to court.

    excon

  • All times are GMT -7. The time now is 07:51 AM.