Help I'm pretty sure my former landlord did some unethical things

SUNYMarisa2017

New Member
Jurisdiction
New York
I live in upstate New York.I live in a multi family apartment. I have a month to month lease. I paid first and last and moved in the middle of February 2017. Landlord approved me moving in a girl as my co- tenant. She never paid her rent, but she paid the electric. I told landlord I needed help evicting her since she won't pay rent. He refused to get involved.Because i am a full time student at the time in addition to working to cover the rent on a two- bedroom by myself was too much.I
told him I had to put my 2 month notice, I told the landlord that 2 months from the date would by June 18th and that was the earliest that I can be out, and I would let him that if not the 18th the latest could be end of June and I would let him know as date approaches closer.

After putting my 2 month notice I choose to file a small claim against this girl, to get my three months of unpaid rent back... this girl got the court- summons for the court date and almost immediately left the apartment for roughly a month and left all her belongs. I told the landlord that I was concerned that I would lose my security and be fined for her belongings because the end of my lease was coming and this girl just left all her belonging and refused to remove it out the apartment that she kinda abandoned. I reasoned and talked to my landlord telling him that I needed the end of June to prepare moving into a new apartment. I told him that the other girl left for nearly three weeks going on four and hasn't been heard from. I told right before I wrote my check for month of June I needed the rest the month, instead of being out by the 18th of June. He somewhat agreed and even was being sympathetic to my situation at the time. And so under the pretense I would be able to complete June I wrote the check that month's rent.He took the check for the entire month of June and he discussed changing the locks for my security since the other girl took off with the other set of keys and basically abandoned the place.

Then about a week into June after he took and cashed my rent check he calls me and tells me changes his mind about allowing me to finish the month because being involved in a lawsuit and having a tenant who wont remove her belongings and abandoned the place was too complicated for him to deal with, no joke that was basically his words. He told me that I should just leave by the 18th like I had said was the earliest that I could be out when I put in my notice. I told him that he needed to give me back the prorated or rent, or should have given me more then like 9 days to get situated and that if he felt this way he should have told me BEFORE he took full pay rent to the ENTIRE MONTH. He told me we would give the money back, but it now a month since I was "evicted" and no prorated rent or security. He threatened to call authorities if I didn't leave the premise by the 18th, even though I reasoned it was not fair I be told to leave an apartment I am not allowed to live in, but I am still paying on.


BTW I have a copy of my lease and it states that security has to be returned within 2 weeks of end of lease (so the 18th of June) and it was repeat a month to month lease. He texted at few days after the 2 weeks mark on July 6th telling me he was cutting and mailing check that week on Monday the 10th, and I would have it by that Friday the 14th. Today is the 19th of July. No prorated rent and no security has arrived and he hasn't replied to texts or calls when I try to figure out why I haven't got my money back like promised.My rent is $850 btw.
 
Unfair and unethical are not necessarily illegal.

If you feel he has kept your money either in breach of your contract or in non-compliance with the statute you will need to sue him in small claims court. No way to predict the outcome and no guarantees.

Read the NY Security Deposit law at:

2015 New York Laws :: GOB - General Obligations :: Article 7 - OBLIGATIONS RELATING TO PROPERTY RECEIVED AS SECURITY :: Title 1 - (7-101 - 7-109) MONEY DEPOSITED AS SECURITY TO BE HELD IN TRUST IN CERTAIN CASES

Look, I don't know whether this will go your way or not.

But I'll make you this offer. In the future, any time you consider getting financially involved with anybody, anywhere, about anything even remotely involving financial arrangements, please come here and tell us about it first, and we'll give you some tips about how to do it right or tell you not to do it at all. :)
 
But I'll make you this offer. In the future, any time you consider getting financially involved with anybody, anywhere, about anything even remotely involving financial arrangements, please come here and tell us about it first, and we'll give you some tips about how to do it right or tell you not to do it at all. :)


Amen brother......
 
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