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    joey012's Avatar
    joey012 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 17, 2008, 06:30 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Oct 17, 2008, 06:31 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Oct 17, 2008, 06:48 AM

    Was there a fee for a parking space included in your rental?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #4

    Oct 17, 2008, 06:51 AM
    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
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