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Gave my landlord verbal 30 day notice on jan.30, she cried…

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Gave my landlord verbal 30...
Gave my landlord verbal 30 day notice on jan.30, she cried was upset and didn't want to discuss further, Jan 31 we found out we were involved in craigs list scam with our new house for rent i decided to ask our landlord if we could stay she said she had to think about it and got back to me on feb 2 with a new lease with raised rent told her i had to discuss with my fiance the other tenant we denied it due to her raising rent seemed like out of spite cause she said we inconvienced her so therefore our 30 days was still in effect cause we didn't sign a new lease. plus every month we either mow shovel rake and landlord deducts 100 so therefore she should owe us 100 for the last months rent that we had paid when we moved in. 30 days after we moved out our landlord sent us a letter stating we will not get any security owed or money owed due to damages exceede security. she didn't sent a letter of the damages and we also have pictures of the apartment. any chance of getting our deposit back
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 8 minutes by:
4/1/2010
Real Estate Lawyer: lwpat, Attorney replied 8 years ago
lwpat
lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25,387
Experience: Practicing attorney with expertise in easements
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You can file suit in small claims court. She will have to prove the damages and that they were not normal wear and tear. Here is the info on small claims court and you can sue for treble damages. Unlawfully withholding a security deposit or collecting excess security may be considered an unlawful overcharge for rent regulated tenants. If deliberate, aggrieved tenants may seek treble damages in an overcharge proceeding. You can reach the Attorney General at(NNN) NNN-NNNNand I would try that first.

 

http://www.colonie.org/justice/justice.pdf

 

 

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Customer reply replied 8 years ago
landlord also stated we gave her insuffient time for the 30 day. but it was on the 30th. she got back to us on the 2nd. It states in lease 30 day and verbal and written. she would not contact us for the written. also didn't show up for the move out inspection. we rented a sofa from aarons damaged our floor so aarons gave us a check for 700.00 we gave to landlord and have a copy. I feel she is nit picking, just don't know how to fight this. does it sound like we have a good chance getting our deposit back.
Real Estate Lawyer: lwpat, Attorney replied 8 years ago
It does and you need to call the attorney general and file a complaint.
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Customer reply replied 8 years ago
ok,sorry one more ok with the damage issues but what about the date issues landlord says we gave her insuffient 30 day i told her on jan 30 and she acknowledged it then jan 31 i had asked if possible if we could stay she said she'd get back to me. then on the 2nd she gave me a letter of raised rent and edit of the old lease. discussed with fiance and denied to and didn't sign. also in lease it states about a written plus a verbal. i think the 30 days was still in effect 0n the 30th,cause we didn't accept new terms. I will contact attorney general. she says we gave her the notice on the 2nd but that what her new lease letter is dated.
Real Estate Lawyer: lwpat, Attorney replied 8 years ago
When she noticed you of the increase in rent you had the option of moving out or paying the increase. Therefore your notice is moot.
lwpat
lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25,387
Experience: Practicing attorney with expertise in easements
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