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ronan3 · Feb 9, 2009, 08:17 PM

My roommate and I moved into a two bedroom apartment in in New York State in which we both signed a lease. We were asked to give a $970 security deposit for the apartment, total. We have since moved out. My roommate received a check for $420 made out specifically to him. I called my landlord and he said that is the total amount we are getting back. Not only is it ridiculous that he is taking over half of our security deposit (he claimed it was "dirty", could give no specific examples, and sent no itemized bill), but I did not receive any of the money. Although my roommate is going to split his check with me, is what my landlord did illegal since there were two separate people on the lease? I believe I should have received my own check, or have been included on his since the lease was in both of our names.

I have before and after pictures of the apartment. Nothing was damaged and we cleaned for several days to be certain that something like this would not happen. The lease provides for a pre-move in walk through and a move-out walk through, neither of which occurred. It also lists the costs for each specific room of the apartment being "dirty", with a total no where close to $550 (plus interest). The lease also provided that the deposit be returned within 30 days, and it was not. It was only returned when my roommate finally called and asked for it. What is the best way to approach getting at least some of the remainder of the deposit.

Thank you very much.

ballengerb1 · Feb 9, 2009, 08:37 PM

I think you should list those specific items, especially the part about the deposit not being returned on time, mail certified mail to the LL. Tell him if you have to sue to get this back you will and I think New York allow treble damages.

excon · Feb 10, 2009, 05:08 AM

Hello r:

Sue him in small claims court for the balance. In most states, the landlord is required to return the deposit in a certain number of days WITH an itemized listing of the deductions. If landlords DON'T do that, in many states they have to return TRIPLE the deposit.

I haven't looked yet, but I'll bet NY is a very tenant friendly state. You should look, though. We have a copy of NY landlord/tenant law at the top of the real estate page on a sticky note.

excon