Filing in Small Claims (apartment, lease, tenant, security deposit)
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Thanks in advance for any help! I am in Liverpool NY (suburb of Syracuse).
I broke a lease early that runs through September 2013 - my LL's only requirement to get out of the lease was the find someone to take it over (no penalty fees whatsoever). The girl signed a new lease with my LLs that starts as of June 1. She is currently subletting from me until the end of May, but as of June 1, I have no legal responsibility whatsoever.
There are 2 things the LLs are supposed to fix and deduct from my deposits - replacing a closet door and replacing carpet in one of the rooms. There are several other things they are supposed to fix that I am not liable for at all.
After sending the LLs a letter CRR requesting my deposits back (minus the charges for the repairs IN WRITING) and talking to them multiple times - they claim they have been over to the apt several times and are working on it. I went over to the apartment last night to help the new tenant with another issue (bee infestation, that's a fun one) and after talking with her, I discovered that not only had the LLs NEVER been over there to work on any of the problems, they have failed to even call her to work out the details of the repairs.
NY State LL/Tenant code states that security deposits must be returned at the end of the lease or within a reasonable time thereafter. My lease specifically states that the deposits will be returned at the termination of the lease. My lease officially terminates as of June 1, 2012. Do I have grounds to sue them in small claims court as of June 1? I am worried that they are going to continue to keep my deposits and lie that they are doing the work when they really aren't. These landlords are unfortunately the slumlords of the area (I didn't know that going into the lease). I have been attempting to get the repairs made as of May 9th and sent the CRR May 12th (they received it May 14th).
As of June 1? I don't think so. Your LL has by law a "reasonable" amount of time to return your security deposit less any deductions and although NY state law leaves the time issue cloudy, most state landlord tenant laws give a LL 30-60 days to do so. I assume you have copies of letters you've written to the LL requesting repairs for which you're not responsible and which haven't been addressed? You should also take photographs of the apartment with particular attention to any damages not of your making which you think the LL may try and deduct from your security deposit. Good luck.
As of June 1? I don't think so. Your LL has by law a "reasonable" amount of time to return your security deposit less any deductions and although NY state law leaves the time issue cloudy, most state landlord tenant laws give a LL 30-60 days to do so. I assume you have copies of letters you've written to the LL requesting repairs for which you're not responsible and which haven't been addressed? You should also take photographs of the apartment with particular attention to any damages not of your making which you think the LL may try and deduct from your security deposit. Good luck.
Thanks!
Yes I have pictures of everything and copies of all of the letters as well. I also have copies of the new tenant's lease which starts as of June 1.
I emailed my company's legal department and this is what they had to say:
You’re right; the lease would officially end June 1. After that date, the landlord has a reasonable amount of time to return your security deposit. (A definition of a reasonable time might be three or four weeks.) But, if what you say about the lease is true, it seems the landlord agreed to return your deposit at the time of termination.
You are entitled to proof of whatever expenses were deducted from that security deposit. If the deposit isn’t returned to you, or if only a portion is returned without documentation of what was expended, you have the right to sue in small claims court. I’m not familiar with the filing procedures, but I have heard it’s not difficult. There is a small fee involved.
Correct me if I'm wrong - if I am subletting the apartment, I am still the leaseholder.
The LL has now threatened me that I am not allowed on that property since I am no longer a tenant. The new tenant's lease with the LLs doesn't begin until June 1st - she is currently subletting from me. I was over there last night to help with the bee infestation because the LLs wouldn't answer their phones or return any calls (which happens often)
The LL allowed you to sublease so technically you're still the tenant until June 1st. That's irrelevant, though, as you're essentially a guest of the person living in the place whether the LL regards you as a tenant or not. I hardly think his lease specifically stipulates that a tenant is allowed no guests except with his permission ...
However, I do think you might consider backing off. The person who's subleasing from you will very shortly be the prime tenant and she's going to have to deal with the LL without your help (which in fact could hinder her future relationship with him since that relationship is about to become more contentious than it is now). Try to remain unobtrusive until the end of the month. Good luck.
Thanks! The only reason I even called them this morning was to just follow up and make sure an exterminator was going out there today. He immediately flipped out at me for being over there last night and threatened me numerous times.
I went to talk to the court and they agreed that they cannot bar me from property. I'm making copies of all the leases and will keep a copy in my car just in case I have to go over there again. The subtenant knows she can call me up to the 1st and I will help her with whatever issues she has. Mainly because the LLs are so unresponsive. But also because I want to cover my @ss since I'm still legally responsible.
Since the law isn't direct, I will give them until July 2nd to file (only because July 1st is a Sunday). The court makes it super easy too, I just fill out a form and they take care of the rest. Chances are I won't get judgement until September, but this is $1400 and worth fighting for.
Stay cool and back off as noted above. You are starting to become a bother to them.
Take "after" photos as of end of May and hopefully you have "before" photos from when you moved in.
Don't expect your deposit back on June 1. Don't pester them for it. Allow the reasonable time to take place.
Then follow proper procedure for demanding(demand letter) deposit back per state law if you don't hear from them by the reasonable period. google demand letter landlord tenant security deposit for more info. DON"T SEND IT UNTIL AFTER reasonable notice period....else you are just becoming bothersome for them. If demand letter doesn't work, then file small claims court.
For now, lay low and unfortunately, wait.
Best of luck to you. I think all will work out perfect. The waiting is the hardest part.
Would love additional thoughts. The only things that were supposed to be coming out of my deposit was replacing the carpet in one small bedroom and replacing a closet door.
My LL just texted me saying the new tenant also wants the carpet replaced in the living room. I texted her asking if it was being replaced and she said yes. No one said a word to me about this before. Is there anything I can do? Or are they really just trying to keep as much as my deposit as possible?
If your sublet tenant has requested new carpet and the LL advised you the sublet tenant wants new carpet, and that carpet is being replaced based on your sublet tenant's service request, you either inform the landlord you are not authorizing the replacement of the carpet for the sublet tenant or you pay the cost of the replacement. It may be that in the sublet agreement you gave them the rights to request upgrades just like you would have and they took advantage of it. Hopefully in that agreement it also said that you pay for any upgrades you request and they pay for any upgrades they request.
The other possible scenerio is the new tenat who is the current sublet tenant have worked it ut with the landlord to say that yuo left the carpets in horrible shape and it needed replacing. So come the end of your lease suddenly its not just you versus the landlrid, its you versus the landlords and new tenat (who was your old sublet tenant). In that case you now have two voices aginst one and since you found that sublet tenant, odds are anything they say against you will hold some serious weight to a judge.
I;m not sayingt hese will happen, but a annoying demanding PITA tenant usually finds they may not hold all the card they thought they held.
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