To make a long story short, I signed a sublease agreement as a subtenant for 6 months which changed into a 5 month lease after a written amendment signed by the sublessor and subtenant. I moved out of the apartment when the lease terminated. It has been over a month since the termination of the sublease but I am yet to receive my security deposit, or any documentation regarding the security deposit.
I know that New york law states the landlord must return the deposit "in reasonable time", but the sublease agreement we signed has this sentence:
9. DEPOSIT: Subtenant agrees to pay sublessor a deposit of $______________ to cover damages beyond normal wear and tear, unpaid rent, and unpaid utilities. Sublessor agrees that if the premises and contents thereof are returned to him/her in the same condition as when received by the subtenant, reasonable wear and tear thereof excepted, and if there is no unpaid rent or unpaid utility bills owed by the subtenant, he/she will refund to the subtenant $______________ at the end of the term, or within 30 days thereafter. Any reason for retaining a portion of the deposit shall be explained in writing within 30 days to the subtenants.
I want to know if it can be considered that the sublessor forfeited the right to keep any of the security deposit, because it has been over 30 days and I did not hear anything from the sublessor? Or does the sublessor still have a right to return the deposit in "reasonable time"?
Also, I left my contact address by sending an email. If the sublessor denies receiving the information, will the email be enough of a proof that I have provided my contact info?
Thank you so much!
I know that New york law states the landlord must return the deposit "in reasonable time", but the sublease agreement we signed has this sentence:
9. DEPOSIT: Subtenant agrees to pay sublessor a deposit of $______________ to cover damages beyond normal wear and tear, unpaid rent, and unpaid utilities. Sublessor agrees that if the premises and contents thereof are returned to him/her in the same condition as when received by the subtenant, reasonable wear and tear thereof excepted, and if there is no unpaid rent or unpaid utility bills owed by the subtenant, he/she will refund to the subtenant $______________ at the end of the term, or within 30 days thereafter. Any reason for retaining a portion of the deposit shall be explained in writing within 30 days to the subtenants.
I want to know if it can be considered that the sublessor forfeited the right to keep any of the security deposit, because it has been over 30 days and I did not hear anything from the sublessor? Or does the sublessor still have a right to return the deposit in "reasonable time"?
Also, I left my contact address by sending an email. If the sublessor denies receiving the information, will the email be enough of a proof that I have provided my contact info?
Thank you so much!
