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I live in Glens Falls. I have rented the same apartment for…

Customer Question
Hi I live in...

Hi I live in Glens Falls. I have rented the same apartment for two years. Recently, my land lady phoned and said that her Father-In-Law owned the building and that he wanted to move into my apartment. She offered me an upstairs apartment to move to, which I said I did not want to rent because there is an alarm on a building, next door to the apartment building I live in, on the side of the

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

It is not my property. I am a tenant I am in NY Glens Falls, NY

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No, but she is crazy and she is saying because there are bubbled in her ugly old wall to wall carpet near a doorway, where the floor slants downward that my cat pulled the carpet up. The other thing is that she called me one day and asked me if I broke her toilet, about a year ago, and I told her I had no idea what she was talking about, because the toilet did not look broken to me. They have this drunk guy that does maintenance for them, for all I know he broke it. Anyway, I am due to move out on Oct 27th, and she will not communicate with me at all about returning my security deposit, my new address. She always did before. The other thing is that I hung a pendant light in the kitchen, and one day when I came home I noticed a screw was missing, I took the light down recently and capped it with a simple globe and I found that they had removed the caps and electrical tape that I had used. I wired another light and took photos of the electrical tape & caps I used on the wires when I put the new light up in the kitchen last week, and she said, "You were not authorized to do that." Well, I sent photos of the wires with electrical tape, the ground wire attached to a screw in the box, there were caps on the wires." And she texted back, "Any issues with that apartment leave a message on the tape recorder in the office." That was over a week ago now. No one is returning my calls, no one is acknowledging my requests. This is typical of these people. They are slum lords.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am moving out and I do not have a copy of the lease that shows that I paid a security deposit, but I did. I feel I am entitled to it, because I did not damage anything on the property. The walls are a blood mess that have not been painted in 30yrs. I have spackeled holes I made matched paint and covered them, washed windows, toilets, floors walls etc... No one is contacting me re: the return of my security deposit. What are my rights?

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
10/6/2017
Lawyer: Loren, Lawyer replied 10 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,220
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Lawyer: Loren, Lawyer replied 10 months ago

Under New York law, a landlord must return the tenant's security deposit within a reasonable time after the tenant has surrendered the rental property to the landlord--that is, returned the keys and vacated the property.

The landlord can only retain the deposit for unpaid rent and damages which are beyond ordinary wear and tear.

If the landlord unlawfully withholds the deposit your remedy is to sue them in small claims court to recover the deposit.

If you prevail, you may be awarded punitive damages and attorney fees.

Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 10 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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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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