Poor living conditions...

Who is it that I contact about unsafe and poor living conditions when renting? My old apartment is trying to do the run around so that they don't have to get me my security deposit back and needless to say I have become p@$%ed off!! Especially since my apartment was the mother load of mold growing!! Along with water leaks and so on that were never fixed!

You can try www.rentalprotectionagency.com or I also found this bit of info...


Here's what I gleaned from a Community Training Resource Center (CTRC)
fact sheet from TenantNet.com, a web site specifically focused on
residential tenant issues in New York City and New York State. I've
also provided relevant excerpts from "The Tenant's Rights Guide",
published by The Office of the New York State Attorney. Emphasis
*asterisks like this* are mine...

From "The Tenant's Rights Guide"...

"...Virtually all leases require tenants to give their landlords a
security deposit. The security deposit is usually one month's rent.
The landlord must return the security deposit, less any lawful
deduction, to the tenant at the end of the lease or within a
reasonable time thereafter. A landlord may use the security deposit:
*(a) as reimbursement for the reasonable cost of repairs beyond normal
wear and tear, if the tenant damages the apartment; or (b) as
reimbursement for any unpaid rent."*

http://www.oag.state.ny.us/realestat...e_intro.html#6

From the CTRC fact sheet

RENT SECURITY DEPOSITS

"A rent security deposit is an amount of money, separate from the rent
itself, collected from the tenant and held by the landlord as security
against loss due to the misdeed of the tenant... *At the end of the
tenancy, the landlord may claim all or a portion of the rent security
deposit to cover unpaid rent or damage to the rented property caused
by the tenant beyond "normal" wear and tear.* Rent security deposits
are authorized and regulated by the New York State General Obligations
Law (GOL), which affects all New York State tenants. The GOL also
contains special provisions for tenants in apartments subject to the
Rent Control and Rent Stabilization Laws."

"...Landlords sometimes collect a rent security deposit without giving
a lease. Since the tenant would then have no documentation of the
deposit, the tenant should take care to get a receipt clearly showing
that a deposit was given. *Even without a lease, the rent security
deposit provisions of the GOL
apply.*

http://www.tenant.net/Rights/CTRC/ctrcf006.txt

So, it appears that unless you signed a lease specifically agreeing to
any late payment fees being deducted from your security deposit, or
that your rent isn't fully paid-to-date, your landlord should not be
deducting those fees from your security deposit. So, what's your
recourse?

1) Try to resolve the issue with your landlord first. If you haven't
already done so, you should provide your landlord with a vacate date
and include a demand for the return of the full security deposit. You
may have some leverage with the landlord if he or she hasn't put your
security deposit in a separate bank account, interest-bearing, if
appropriate. According to the New York State GOL, "A landlord may not
commingle (mix) security deposit moneys with his own; if he does, a
tenant has the right to ask a court to rule that, as such, the
landlord has converted the trust moneys to personal use and that he,
the landlord, should lose the right to retain a security deposit."

2) Contact The New York State Attorney General's Office for help under
the General Obligations Law, Article 7. The New York State Department
of Law, headed by the Attorney General (AG), accepts tenant complaints
involving security deposits. After a tenant files a complaint on their
form, the AG will contact the landlord, providing him with the
opportunity to reply. The Attorney General's approach is to mediate a
resolution by informing the landlord of the obligations of the law and
the AG's authority to enforce the law."

A landlord who has no damage claim against a former tenant, and who is
merely trying to keep the deposit, will often respond to this
pressure.

ATTORNEY GENERAL'S INFORMATION & COMPLAINT LINE:
1-800-771-7755

ATTORNEY GENERAL'S OFFICES

THE CAPITOL
Albany, New York 12224 (518) 474-5481
120 Broadway
New York, NY 10271 (212) 416-8345


REGIONAL OFFICES

44 Hawley Street, 17 FL
Binghamton, New York 13901-4433
(607) 721-8771
234 Main Street
Poughkeepsie, New York 12601
(914) 485-3920

65 Court Street
Buffalo, New York 14202
(716) 847-7184

144 Exchange Boulevard
Rochester, New York 14614
(716) 546-7430

300 Motor Parkway
Hauppauge, New York 11788
(516) 231-2401

615 Erie Boulevard West
Syracuse, New York 13204
(315) 448-4848


211 Station Road, 6th Fl.
Mineola, New York 11501
(516) 248-3300

207 Greene Street, Rm. 508
Utica, New York 13501
(315) 793-2444

Adam Clayton Powell, Jr.
State Office Building
163 West 125th Street
New York, NY 10027
(212) 961-4475

317 Washington Street
Watertown, New York 13601
(315) 785-2225

70 Clinton Street
Plattsburgh, New York 12901
(518) 562-3282


3) If all else fails, consider Small Claims Court. According to
TenantNet.com, "Small Claims Court has jurisdiction over disputes and
claims involving amounts up to $2,000. Such claims include unreturned
rent security
deposits. The court's process is simple, a lawyer is not required and
cases are heard in the evening. Filing a Small Claims summons costs
about five dollars, and notice of the summons is sent by the court to
the landlord, telling him of the claim and the date of the hearing.

Compared to all other strategies, Small Claims Court may be the most
effective. Just receiving a summons may induce the landlord to return
all or a portion of the deposit. If not, there will be an appearance
before a judge or arbitrator, (landlord's choice; an arbitrator speeds
the process, but the right of appeal is waived). If the landlord runs
the building as a corporation, he must appear represented by an
attorney. This can be expensive and may motivate him to return the
security deposit."

Good Luck!

New York city laws are MUCH MUCH different than the rest of the state. You absolutely can not compare the laws for NYC to the rest of the state as they dont apply. There are general rules for security deposits, fee's, cleaning charges, etc.. so make sure you have everything documented... I sent you a pm as well...

Yeah when I was looking it up online I kept getting NYC laws which I knew wouldn't apply to upstate ny....

As far as cleaning, that place was in mint condition other than the bathroom which was a host for mold due to the hot water in the tub constantly running and no fan to prevent humidity. I had call multiple times trying to have them fix the problem and never would get a reply back, thats when I moved!! I had have it up to the moon with them and was just so annoyed I found my lovely new apartment I am at now!

Privately owned and makes sure that when something needs to be replaced, it is with in 2 days ....or they at lease contact you to follow up so your not pissed off like how I was with the hell hole I was living in!

I believe what I posted applies to the entire state of New York. Especially in regard to contacting the attorney generals office and small claims court. If you really want your security deposit back with minimum effort, just have a lawyer write your old land lord a letter threatening a lawsuit.

Brooke I hope you enjoy your new place it sounds like your old place was a Pia.
Ive always liked private rentals too.

I believe what I posted applies to the entire state of New York. Especially in regard to contacting the attorney generals office and small claims court. If you really want your security deposit back with minimum effort, just have a lawyer write your old land lord a letter threatening a lawsuit. Originally Posted by Stopby

Don't spend a dime with an attorney, a letter will only serve a vailed threat, landlord will laugh.Bust their balls in small claims court.They may not show,judgement goes to you.If just mold due to no ventilation would think thats normal wear and tear,but, they can say they never heard from you that there was a problem, who knows.In the future, documentation through texts,emails, are your friend in court, judges like to see documentation.Anyways, small claims is cheap and if you don't prevail, you still drug their ass down there.best wishes..

Take pictures!!

So if anything arises you can prove you didnt leave damage and show the mold..

Mold can be very dangerous and make you sick.

Mold alone is enough reason to move out. tenants have more rights than landlords..

Im my years of renting I have lost so many deposits form idiot landlords.. I leave the place better than it looked when I moved in. I am suzi home maker/designer chic. lol

Some I just had to write off cause it was not worth the headache of fighting it. It sucks but sometimes its easier to walk away and enjoy your new place..

Don't spend a dime with an attorney, a letter will only serve a vailed threat, landlord will laugh.Bust their balls in small claims court.They may not show,judgement goes to you.If just mold due to no ventilation would think thats normal wear and tear,but, they can say they never heard from you that there was a problem, who knows.In the future, documentation through texts,emails, are your friend in court, judges like to see documentation.Anyways, small claims is cheap and if you don't prevail, you still drug their ass down there.best wishes.. Originally Posted by snookums

Very sound advice, the more documentation the better. buzzzzzzz

I did the small claims route with a roofing contractor, was simple, inexpensive, he didn't show so won the claim. Bonus was the roofing contractor even refunded the $$ per the claim, was the biggest surprise!

I am not an attorney, not even close,, but wouldn't a letter to landord first stating your claim be helpfull in supporting documentation for the claim? Not from attorney, but from Brooke directly, and certified to prove delivery.

hey Brooke,
Rochester has a fair housing officer,check with the Housing Council,and then attny general it works,also if the land lord has more than 3 rentals he is suppose to keep your sec dept in a savings account with intrest ( I know then rate is small but still) he is hopeing you won't go after him,TRUST ME (they never want to go to court) sometimes just a letter from States Attny Gen office or small claims is all it takes,and if you do small claims and win he has to pay court costs .

Take it to the Judge!!!..I prefer Judge MAthis..he's cool..down with the lingo..bring pics..bring documentations..and give him a hug 4 me when ya see him!!!
And doll...Tell'em he can bend the corners in my hood any day he likes!!!!!!!!!!!
nita!!

Brooke I just had the same problem with an apartment you have to start by calling the town and they get you to who you need to talk to.........call me if you want and ill help ya lover

Especially since my apartment was the mother load of mold growing!! Along with water leaks and so on Originally Posted by BrookeButtons

Now it is finally making sense, the bad cough that I am having, The Mold in your Bathroom !!!!!!!!!!!!

Just kidding Brook,

Threaten them that you will take them to the “small claims court” and hopefully your deposit check will be retuned to you.

This is very typical of Landlords, they will do whatever they can to keep the deposit and not return it to you.

Fight Back

I'm too ADD to read all the replies but as a landlord I can tell you Small Claims is your best option. They tend to favor tenants and it's easy. Be sure you document everything and bring as much back up (pictures, dates and of phone calls, copy of the lease, etc) as you can. If suing for up to $1000 fee is only $15.
I have 2 apts for rent if anyone is interested PM me