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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16391
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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This summer I subleased a living room in an apartment in

Customer Question

Hello, this summer I subleased a living room in an apartment in Manhattan. I moved in on June 13th and moved out at the end of the month on August. I had agreed with my landlord, who is actually leasing the apartment himself, for him to essentially give me a $150 allowance for a bed since the room didn't come with a bed. I opted for an airbed, and he said he would give me the rest of the money. Basically for the rent for my last month, I asked him by text if it would be ok for me to prorate the rent, and he said "ok, no rush." I have moved out of the apartment, and I am now trying to get my security deposit back, but he is trying to deduct the the rest of the money he would have given me for the bed allowance and the bed itself, claiming that the airbed has a hole in it. I told him we had already agreed on the bed allowance, but he is now saying that that deal was only if I was to pay the whole month's rent for the last month, and not the prorated amount. I was wondering what I should do in this situation. I would like to get my security deposit back.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 2 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

What is the actual amount in dispute?

Customer: replied 2 months ago.
The security deposit was for $800, he is attempting to withhold around $100
Expert:  Alex Esquire replied 2 months ago.

Thank you for your follow up.

Generally, the only option would be to file a small claims lawsuit to seek to recover any part of the deposit that is being unlawfully withheld, however, the cost of the small claims court and the time the process might involve, can be more than the $100 in dispute and might turn out to be completely economically impractical.

However, here is the link to the official NYC court's website that explains the small claims court process and procedure:

https://www.nycourts.gov/courts/nyc/smallclaims/startingcase.shtml

I wish you the best of luck!

Expert:  Alex Esquire replied 2 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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