abracadabra
New Member
Hello, I am new to the forum. Sorry to add another post regarding security deposits, I am sure there are already a litany of questions on the topic.
I leased an apartment in NYC. Before the end of the lease, my roommates and I notified the landlord that we would not be renewing. Although 3 of the 4 roommates moved out prior to the lease termination, one remained for a week with verbal consent from the management company, as he was going to rent another apartment a few buildings down the street from the same company and they weren't able to have the other apartment ready on time. The apartment was left clean and there was no damage beyond normal wear and tear.
June 30th was the 60th day since the end of the lease, and the lease document specifies that the security deposit will be returned within 60 days of the termination of the lease. At the end of the lease, we provided our management company with a notarized and signed document requesting the return of our deposits to each of our new addresses as provided therein.
My roommates and I have called our landlord's office several times requesting the return of the deposit leading up to the end of the 60 days demanding the return of our deposits. On the 30th, I sent a letter to my landlord via certified mail making demand of return of my security deposit within 7 days of the receipt of the letter. I said that if I didn't receive it within 7 days I would sue for return of the deposit and treble damages. I am hopeful that they will return it before this period expires, but I want to be prepared if they do not comply.
A few questions I have are:
Thank you for your feedback!
I leased an apartment in NYC. Before the end of the lease, my roommates and I notified the landlord that we would not be renewing. Although 3 of the 4 roommates moved out prior to the lease termination, one remained for a week with verbal consent from the management company, as he was going to rent another apartment a few buildings down the street from the same company and they weren't able to have the other apartment ready on time. The apartment was left clean and there was no damage beyond normal wear and tear.
June 30th was the 60th day since the end of the lease, and the lease document specifies that the security deposit will be returned within 60 days of the termination of the lease. At the end of the lease, we provided our management company with a notarized and signed document requesting the return of our deposits to each of our new addresses as provided therein.
My roommates and I have called our landlord's office several times requesting the return of the deposit leading up to the end of the 60 days demanding the return of our deposits. On the 30th, I sent a letter to my landlord via certified mail making demand of return of my security deposit within 7 days of the receipt of the letter. I said that if I didn't receive it within 7 days I would sue for return of the deposit and treble damages. I am hopeful that they will return it before this period expires, but I want to be prepared if they do not comply.
A few questions I have are:
- I am aware that NYS law states that security deposits must be returned within a 'reasonable' time. Am I correct in assuming that my lease provision for return of the deposit within 60 days overrides the provision for return of deposit within a 'reasonable' time?
- If the landlord does not return my security deposit within this time period, am I entitled to damages?
- If the answer to above is yes, if the landlord returns my security deposit outside of the 7 day window, am I entitled to damages?
Thank you for your feedback!