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    John Bold's Avatar
    John Bold Posts: 58, Reputation: 0
    Junior Member
    		  
    #1

    Oct 12, 2010, 01:29 PM
    My landlord (Baruch Singer)is not giving my security deposit for 7 weeks
    Hi,

    I'm a NY resident who recently moved to California. I left from my NY apartment by aug 15 with giving them notice by July 15. Since I moved to California, I kept calling their management office for last 3 weeks and asked for my security check which is $1500 and they were like "we're sending it tomorrow" or " it supposed to go this week". It's been 3 whole weeks. Today they said I should get it by Oct 15 the latest.

    I can't go back NY and I don't want to talk about legal action (court stuff) to them because I'm here and it would be too costly for me to go back and forth for it.

    I don't know what to do to make them send my security check.

    Any smart suggestion to make them pay quickly?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 12, 2010, 01:35 PM
    Quote Originally Posted by John Bold View Post
    ...
    I can't go back NY and i don't want to talk about legal action (court stuff) to them because i'm here and it would be too costly for me to go back and forth for it.
    ...
    Pick up the telephone. Retain an attorney.

    Court stuff doesn't necessarily mean physically being there.
    John Bold's Avatar
    John Bold Posts: 58, Reputation: 0
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    #3

    Oct 12, 2010, 01:41 PM

    I don't have any money to give to any lawyer. I've been looking for a job here almost for 2 months. If I had a job, I wouldn't really need that $1500 anyway...
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 12, 2010, 01:53 PM

    Then try this.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #5

    Oct 12, 2010, 05:24 PM
    Have you read your lease and/or checked your state's property code? It's not unusual for a landlord to have 30 days to return the tenant's security deposit along with a letter or statement itemizing any deductions they are taking for damages. Find out what that time frame is in your case, and then make them aware of the time frame and the fact that you KNOW what that time frame is!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 12, 2010, 06:51 PM

    NYS does not specify a specific time, only that its returned in a reasonable time. A reasonable time is generally defined as 30-60 days so 10/15 is the deadline.

    How many units in the building?
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #7

    Oct 13, 2010, 04:53 AM
    Comment on ScottGem's post
    That would explain why I couldn't find it!

    I would think the lease would specify? No?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Oct 13, 2010, 06:27 AM

    Hello J:

    I wonder if there isn't a problem with your notice... MOST rental agreements run from the 1st to the end of the month... If yours did too, then your notice is faulty. 30 days written notice MUST include one complete rental period. Therefore, your notice legally would have covered the time between August 1st, and August 31st. So, assuming there no damage, I'll bet they're going to keep at least another two weeks rent...

    excon
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