Rent Deposit Recovery? MichelleD you there?

Rosie

Code 4 "SASSY-ASS!"
#1
Hey y'all...

My best friend recently moved apartments, November 1st- and has repeatedly try to contact her old housing management for the refund of her deposit- 2400 clams!

When she called again this week the number was inactive and she can't find follow-up info on how to contact them. Seems they went belly-up. Problem is- these bitches still owe my girl 2400 motherfuckin clams.

Do any of you know of proper protocol- like what department of the NYC housing commision or whatever to contact to her retrieve her deposit. She kind of can't afford a lawyer right now- cause she's fuckin 2400 clams in the red.

Thanks.

Rosie
 
#2
I'm no MichelleD, but she should contact the housing dept and get next steps from them. Also, there are lawyers who do pro bono work for this type of sitch.

Has she tried going by their old offices? Maybe there's some contact info posted there?

This sucks.
 

Eugenegue

Ready for Spring
#3
I don't know if this helps, but from nymag.com.

12. Your Landlord Won’t Refund Your Security Deposit
Send biweekly letters to your landlord and save any written or voice-mail responses. After a few months, show up at her office and ask for proof of any damage and repair costs. When no proof materializes, haul her to small-claims court, suing for your deposit plus interest, up to $5,000 (you don’t need a lawyer). Print out the forms at courts.state.ny.us, and drop them at your local court along with the $20 filing fee. If your landlord’s a no-show at the ensuing court date, the judge will likely rule against her. If other tenants are having similar rent or deposit problems, contact the Consumer Fraud and Protection Bureau of the Attorney General’s Office (800-771-7755) and file a complaint, which could result in a much larger individual potential payout.
I'd also call the police and see if they have any advice. It may not be the standard definition, but this sounds like robbery to me.
 
#4
I sued my old landlord for my $1725 deposit in August and won and have yet to see a penny. Basically they get a notice saying they owe you money, and then ignore it. It makes me angry.
 

Rosie

Code 4 "SASSY-ASS!"
#6
you guys are, of course, the best.

her boyfriend did some hunting and screamed at her old realtor. how chivalrous!

of course no one has gotten back to her yet and anyone she talks to tells her to "file a request"... which she has done several times now.

thanks for the links!
 
#7
Make sure they also pay your friend the interest the deposit accrued while it was in the legally required interest-bearing account established for her by the landlord!*

* Ha ha ha ha ha ha ha ha ha, am I right?
Speaking of which, I used to get an interest check every year from that interest-bearing account (which I then had to pay taxes on). It's been a number of years since I've seen any such check. So what's my landlord doing with them?
 

El Jefe

latitudinarian
Staff member
#8
Speaking of which, I used to get an interest check every year from that interest-bearing account (which I then had to pay taxes on). It's been a number of years since I've seen any such check. So what's my landlord doing with them?
Buying a box of Jujubes?
 

MichelleD

i declare shenanigans
#9
Sorry, I was napping.

Yes, small claims court is the way to go especially if a lawyer's letter doesn't work.

You can always email me. : )
 

Gethard

Daaaarrrrryyyllll
#12
MichelleD helped me get a deposit back. She was totally badass, and we both got to share in the joy of watching my elderly former landlord get so worked up and red while screaming that every single person there thought he was about to have a heart attack. It was amazing. I got almost all my money back, and I wasn't exactly kind to that apartment (so it's not like we wouldn't have gotten it all back if we hadn't broken some shit). MichelleD is a cut throat killer who I can't recommend highly enough.
 

MichelleD

i declare shenanigans
#13
MichelleD helped me get a deposit back. She was totally badass, and we both got to share in the joy of watching my elderly former landlord get so worked up and red while screaming that every single person there thought he was about to have a heart attack. It was amazing. I got almost all my money back, and I wasn't exactly kind to that apartment (so it's not like we wouldn't have gotten it all back if we hadn't broken some shit). MichelleD is a cut throat killer who I can't recommend highly enough.
Thanks for the kind words! Oh, that was a good time!
 

MichelleD

i declare shenanigans
#15
Wouldn't the DHCR be the place to go?
You may be able to report them - if it is a regulated building - but security deposit recovery happens after the landlord-tenant relationship is terminated, so in my experience, it falls out of the housing court realm. But I could be wrong.
 

jezebell

Strawberry Rhubarb Pie
#16
To help prevent this, my understanding is that you can use your deposit to pay the last months rent. Did I make that up? My subleter did that and it seemed kosher enouph.
 
#17
This is all getting me very worried.
I have a lot of money that should be coming back to me if/when I move out. I have a last month's rent and a security deposit. THe amount of money I should get back is double what I have in the bank. I need it.

I like my landlord, but I won't hesitate to go mafia on her. Of course, she could easily go yakuza on me.
 

MichelleD

i declare shenanigans
#19
Although I am loath to publish or supply free legal advice, the truth is that security deposits are not a substitute for rent. As a practical matter, it seems that such exchanges are commonly accepted between landlord and tenant.

That's it. Any other pearls of wisdom require at least a vanilla malted. Malted.
 
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