half-year lease issue

[kiddreal]

Hi,

We moved out our apt. on time after half year. The lease we signed is an 1-year lease and we attached a supplementary statement saying that the lease would terminate after 6 months. The problem is while we have the 1-year lease, the supplementary one was supposed to be signed and mailed to us but it never did. Now the landlord is saying he never know there is such thing as the supplementary statement and we can't get our security deposit. We also talked to the broker who found the apt. for us, she said she know that our rental is half-year but she couldn't help becoz there's no evidence. So is there any possibility that we can get back our security deposit?

Thank you& Best

 

[army judge]

Hi,

We moved out our apt. on time after half year. The lease we signed is an 1-year lease and we attached a supplementary statement saying that the lease would terminate after 6 months. The problem is while we have the 1-year lease, the supplementary one was supposed to be signed and mailed to us but it never did. Now the landlord is saying he never know there is such thing as the supplementary statement and we can't get our security deposit. We also talked to the broker who found the apt. for us, she said she know that our rental is half-year but she couldn't help becoz there's no evidence. So is there any possibility that we can get back our security deposit?

Thank you& Best

Yes, there is a possibility you can get your security deposit back.

New York law specifies that landlords must return a tenant's security deposit (less any deductions for damages and/or unpaid rent) after a tenant has moved out. However, NY state law requires:
* If a building has 6 units or more, the landlord must deposit the security in a New York bank to earn interest, which the tenant is entitled to.
* If a building has less than 6 units and the landlord has deposited the security in a bank, the interest still belongs to the tenant.

In the event that the security is deposited in a bank, the landlord must inform the tenant of the bank's name, address and amount of deposit. Note: even though the landlord owes the tenant the amount of interest earned on the security deposit, the landlord can keep 1% of the deposit as an administrative fee.

New York state law requires landlords to return a security deposit, less any lawful deduction, either at the end of the lease or within a reasonable time thereafter. However, reasonable time can vary between 30-60 days. Yours has NOT been returned after a much longer time.

Landlords MUST refund money that rightfully belongs to their tenants. If you feel that you received an incorrect amount on your refund at the end of your tenancy, you can pursue an action in small claims court, or contact the New York State Department of Law, which accepts tenant complaints involving security deposits. Even though you can pursue these courses of action yourself, the assistance of a lawyer can help facilitate your claim and advise you if you decide to bring a case against your landlord for violating security deposit laws.

You have two other options to force your landlord to return your security deposit. You can contact the Consumer Frauds and Protection Bureau of the New York State Attorney General's Office at (212) 416-8000. This office will attempt to persuade your landlord to follow the law. You may also be able to file a complaint with the NY State Division of Housing and Community Renewal. Call them at 718-739-6400.