security deposit return

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kcwilliams

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I am a college student that went to school in Delhi, New York. For my first semester, starting late August/September, I had to live off campus because there wasnt any space on campus to live. I arranged a meeting with my prospective landlords to agree that this was temporary it was only until I found a space on campus. I clearly stated that the next semester I may not be living off campus. The place I would be staying is a house made into a two family home, and not their original home. They live in the city and occasionaly on weekends come up to the house.
During break in December I found out I got a spot on campus. I let my landlords know that I will not be staying with them for the spring semester. I needed to be back upstate for the third week of January. I let them know that I wouldnt be able to completely move out until like 3 days after that day. Everything was said to be fine, with nothing said about any extra costs or anything. I fully move out and call to let them know I fully moved out. I recieve the voicemail and let them know I moved out and I have the key to the place which I would like to give them personally and also the need to discuss going about receiving my deposit back.
I continued to call a couple more times throughout the month and the next month to receive no response. (Due to school work I haven't been as persistent as I should have been.) I found their email address and emailed them inquiring about my security deposit in March. They finally replied a couple of days after I sent the email saying,

"Sorry we have not replied sooner. Our agreement when you moved into the apartment was for a two semester commitment. All rentals in Delhi have this requirement. By terminating your stay at the end of the fall semester, we were unable to find another tenant to replace you. In addition your belongings occupied the apartment for almost a full month. We also had to move your belongings and clean.
As a result, we feel it only fair that we keep half of your deposit.
We will mail a check for $300 to you in the coming week."

I replied, " Our agreement at the beginning of the semester was not for two semesters but rather I indicated to the both of you that this was by a semester base because I was on the waiting list for on campus housing. I even said that I was trying very hard for next semester to get on campus. You were not unable to find another tenant because you have Elizabeth to replace me: I indicated that I will not be able to stay another semester before she was a tenant.
I do not feel it fair that you deduct half of the deposit because my belongings stayed an extra 3 days and you had to clean. Especially when included in my rent was for cable, wireless internet, snow removal and heat. For two months out of my semester I went without cable, wireless internet and heat. Snow removal did not happen, forcing me to trudge through 2 feet of snow and slipping on ice on the steps.
I think it is fair that I receive my whole deposit back."
It is now June and I havent heard anything nor have I even received the $300 they claimed they were sending in the mail that week. What can I do because I really need that money.
 
It is pretty obvious that they are not going to return any of this money.

At this point you need to consider whether you wish to file a lawsuit against them. New York State...unlike many states that have specific requirements when a security deposit (or information regarding the status of such) must be returned to the tenant...only states such information must be provided "within a reasonable period of time".

Gail
 
If I were you I would start looking into what you need to do in NY for a lawsuit. It seems to me they were just trying to satisfy you by saying they would return the 300. Then when they got an email response, they ignored you and now you get nothing. They are probably thinking you are just forgettign about it as a lose.
 
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