I moved to New York back in October. I was going month-to-month on my rent, so I paid my last month's rent (idiot) and moved. About 4 weeks later, I called my ex-landlord to check on my deposit ($1300). No reply. I know her work number so I called her there.....still no reply. I get voicemail, she's still CFO of Resturant Partners so I can track her down via google if need be. I sent her an email. Guess what? No reply. She's got my cash. I am pissed. Anyone know what I can do to remedy this? What are my rights? I was her tenant for 7 years and she never complained...we were actually quite friendly. Now...nada. Plus she's in Dallas and I am in Manhattan.
you need a NY lawyer. in Texas, I'd tell you to skip the lawyer and sue her in small claims court. not sure what the procedures are for that in NY.
i like how once you get to law school we all start using geeky shorter names for classes civil procedure becomes civ pro criminal law becomes crim law
If a landlord wrongfully keeps your security deposit, you may be entitled to three times your deposit, plus $100 and any court costs or attorney’s fees you incur. The Texas Security Deposit Law requires a landlord to return a security deposit within 30 days after the tenant moves out or give a written accounting as to why the deposit (or part thereof) is being kept. It is important to remember that you are only entitled to have your deposit returned to you if you complied with your lease, left a forwarding address, and left the apartment in good condition. For example, if you move before your lease is up, you may not be entitled to the return of the deposit. A landlord can also deduct the costs of cleaning the apartment if you left it damaged. No damages, however, may be deducted for ordinary wear and tear. In most cases a simple letter to your landlord will get your deposit returned. http://www.peopleslawyer.net/tenant3.html
i'd like to edit everything i said...i read too quickly and thought the apartment was in NY. the above post from soso should help.
Here's a site with the relevant Texas code. http://www.texastenant.org/topics/deposit/depositstatutes.html If you do write a letter or have an attorney prepare one for you, make sure the letter mentions this code and expressly notes the possibility of TREBLE damages and that attorneys fees begin accruing immediately. Money talks. Good luck.
I have a feeling my landlord is going to try screw me over on my deposits. I moved into a rent house years ago and put down a large deposit(I believe $1,000). Then, I got a couple of dogs. After several months, a maintenance worker told my landlord about the dogs. So, I put down two pet deposits(at $250). I was going month-to-month for a long time and then I get a lease to sign. It says "NO DOGS". I tell them they damn well know I have two dogs and this will not do. They tell me not to worry about it and it's okay as they knew having my dog deposits already. But, they did not amend the lease to have them state dogs are acceptable in my case. I have a feeling their going to try and screw me by saying no dogs were allowed as written in the lease even though they were okay with it verbally. In the end, I don't really give a sh*t. It would be nice to get my money back when I move into a purchased home. The only thing worse about the house are the wood floors are scratched up from the dogs in certain spots where I didn't lay down carpets but that's just a refinish to the wood floors. I consider that normal wear and tear anyway. It's nothing that bad. I hope to get a lot of my money back cause the house is still practically the same and they NEVER, EVER take care of it, never come by to see it, or anything. They just don't give a flying fart unless I report something wrong. I can't wait to own my own home and I'm on that path right now. Hopefully, in a month or two, I can bid adieu to renting altogether.
What law school did you go to...didn't they teach you to read and/or listen to the facts carefully first?
i think i went to the same one you did!!! yeah..i blew right through the facts. caveat for those asking for legal advice here...you're not necessarily getting the "full" attention of the attorneys here!
Dude no way he needs a Dallas lawyer who specializes in landlord tenant law. There's no jurisdiction over her here. What he ideally needs is to find some lawyer - any one will do - to let him (mateo) draft a nasty letter to her and put it on his letterhead for a small (100 or less) fee. That should do the trick.
You should have drafted the amendment yourself (you could probably find an example online) and then presented it to landlord. Once they sign, you sign the lease. Everyone's happy.
