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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
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Experience:  Since 1983
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I rented a house in the Hamptons last summer. The deposit was

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I rented a house in the Hamptons last summer. The deposit was $5k. I never received it back. After six months and six emails, the owner offered me a puny $750 in return. The house was returned in perfect condition. In fact, it was I who had the serious complaints.

As an example, she is charging me for an extra day because I left the house at 1 pm instead of 11am...yet, she had someone else stay there that night. Keep in mind that the house cost $2000 per day to rent.

What recourse do I have? I told her I would file a claim in NY and with the Better Business Bureau. I offered $2500, but really, I have no reason to take less than $4000. Her ceiling broke open and caused damages to my property....
In any event, is there any clear statute I can cite to shake her up? I need the money back.
Thanks.
I am sorry to hear this.

NY does not have a statute that requires the landlord to refund the deposit within a specific amount of time.

If there is an attorney fees clause in the rental agreement, that would give you some leverage since you can threaten to sue for return of the deposit plus your attorneys' fees. If not, you can file an action in small claims court, but
http://www.nytimes.com/2008/06/01/realestate/01qa-001.html?_r=0 states that the consumer fraud bureau of the Attorney General’s Office is very interested in these cases and in getting them resolved quickly.

Links to the consumer complaint form and office locations are posted at
http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint

I hope this information is helpful.
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