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My landlord cashed my new security check for my new lease on…

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My landlord cashed my new...
My landlord cashed my new security check for my new lease on 12/01/11. I still have not gotten my new lease. What should I do
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
3/1/2012
Lawyer: sjanda, Arbitrator replied 6 years ago
sjanda
sjanda, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 13,441
Experience: Attorney
Verified

Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

 

When is your new lease to start? Have you asked for a copy of the lease? Have you signed the lease?

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Customer reply replied 6 years ago
Yes I signed the papers when they sent my my new lease and the new lease started Feb 1st. I do not talk the lease manager
Lawyer: sjanda, Arbitrator replied 6 years ago
First you need to communicate with the manager and request a copy of the lease. If they refuse it will depend on what state you are in on what remedy you have for the failure to give you a copy. What state are you in?
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Customer reply replied 6 years ago
New York. But If they cashed my extra security deposit. and I still have no new lease I will not go over there because I do not like the her. She has no sense. I have never cashed my security w-2 for years.
Lawyer: sjanda, Arbitrator replied 6 years ago

If you have a rent stabilization lease here is the law.

New York City rent stabilized tenants are entitled to receive from their landlords a fully executed copy of their signed lease within 30 days of the landlord's receipt of the lease signed by the tenant. The lease's beginning and ending dates must be stated. (Rent Stabilization Code ("RSC") §2522.5)

For other rentals NY does not have a law requiring the landlord to give you a copy.

If you do not want to speak to the landlord, you can send a request by written letter certified mail.

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Customer reply replied 6 years ago
can i talk with you
Lawyer: sjanda, Arbitrator replied 6 years ago
We can only communicate through the site, we can not exchange phone numbers. Sorry.
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Customer reply replied 6 years ago
I need to know IF In NY state if i Should of gotten a new lease.
Lawyer: sjanda, Arbitrator replied 6 years ago
There is no law in NY for the state, only for NY city, that requires the landlord to give you a copy. Since you had the lease to sign it you could have made a copy then. But you have the right to send a request for a copy from the landlord, there is just no law to site to force them to give you a copy.
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Customer reply replied 6 years ago
This is crazy I have lived here for 20 years. and never cashed any of my security depoists for 15. Must be something I can do.
Lawyer: sjanda, Arbitrator replied 6 years ago
I will opt out so another expert can help.
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Lawyer: Attorney 1, Other replied 6 years ago
Attorney 1
Attorney 1, Other
Category: Landlord-Tenant
Satisfied Customers: 2,684
Experience: Knowledgeable and experienced attorney
Verified
Hello, and welcome to JustAnswer! I am a licensed attorney and will be happy to assist you.

I will need some additional clarification in order to provide you with a helpful response.

Am I correct in understanding that you have lived in your home for 20 years, and that a rent deposit check that you gave the landlord in the beginning has just been cashed? And you now want a copy of your lease to determine whether the check was properly cashed?
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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