Looking for legal advice about my landlord.

unless they fail to give you back the deposit after you leave, its out of your control until that point.

Do you have a contract? If so, it will be the only thing that holds any type of water in court.

The point is that a normal person won’t go to court over 3 dollars in interest.

You are so far off in this thread it’s funny.

Umm, the OP never said ANYTHING about interest…these guys did:

OP’s worried about getting his WHOLE DEPOSIT back, not the interest on it…

I think his point was that he treats his tenants very well.
The gift card is thanking then for being good tenants, not to try and scam out of an interest payment down the road.

didnt obama roll out his personal attorney program yet? :mamoru:

How much is the deposit?? I assume its under $600. You’re telling me a landlord who owns two properties can’t come up with that, or needs it to cover other personal financial obligations??

not everyone is smart with their money…

owning condo rentals doesn’t make you rich. She probably has mortgages to pay on them.

Who said anything about being rich? having $600 makes someone rich now? :mamoru:

Those are my thoughts. The deposit was for $575 security and a $200 Pet all refundable.

nah, but the comment made above made it sound like since she owned rentals, she should be swimming in cash(I was just exaggerating) .

She probably lives paycheck to paycheck(or rent check to rent check)

I like the idea of talking to her about it and mentioning you’re concerned after she told you your security deposit money was spent. If you don’t get an acceptable answer fucker her on last month’s rent and call it even.

http://www.rentlaw.com/dep/nydeposit.htm

Based on that I doubt she’d dare go after you since she’s already in the wrong for spending your deposit in the first place.

PS… the interest requirement is in there too. Doesn’t become a requirement until the 6th unit. Less than 6 it’s only a requirement if the landlord does put the money in an interest bearing account. The funny thing is the landlord is entitled to 1% as administrative fees and with savings rates sucking so bad that’s most of it.

Ask her if you can skip last months rent… or if the total deposit was more than a months rent (since you have pet fee too), ask to take the difference on the 2nd last month as well.

Ex; She owes you 775… Monthly rent is 575.
take 200 off 2nd last month, (375 total)
then Pay 0 for last month.

meh.
Or just hope that she can come out with the money before you leave, lol ;\

i’ll check with the lawyer in the family, but i think all you can do is wait until you move out and hope for the money. then take her to court. i wouldn’t try to piss her off by arguing over her using your deposit for personal reasons, remember she can say you trashed the apartment and keep your deposit.

to be honest, i wouldn’t mention anything about the interest. just hope to get the deposit back when you move out.
my security deposit for my last apartment was $3800. i would get a big fat check for $4 once a year. woo to the hoo.

i know in nyc the laws are much on the side of the tenant so it is not uncommon when dealing with a shady landlord to skip the last month’s rent when you don’t think you’ll get the deposit back… i think the favor is more for the landlord up here. i wouldn’t try it, unless you plan to buy a house and never rent again.

I had a landlord admit that my security deposit was spent, and it would be months before I would get it. My laywer “off the record” told me to just not pay last month rent. So I didn’t. Technically not the right thing to do, however, in my lease there was no specification about not using your security deposit as last months rent, and the whole situation was bad from the start. I never had any problems after. I believe the landloard has 30 days after you move out to return the deposit. If you did pay last month rent, you would have to wait 30 days, then you would have to sue them for it. Take pictures of EVERYTHING before you leave.

Thanks guys