Columbia, MO asked in Real Estate Law and Small Claims for New York

Q: We are leaving a NY apt and they are withholding our 6800 security deposit because they said we didn't notify in time

My daughter and her husband live in New York City on the Upper East Side and they recently vacated an apartment.

It had a very large security deposit of 6,800. Their lease stipulated that they needed to inform the landlord at least 60 days of their leaving, by registered letter. They did so, and received verbal confirmation from the landlord that the letter had been received. Now the landlord is saying that he never received the letter and is withholding the deposit.

The problem is, that my daughter's husband lost the receipt for the registered letter.So it's their word against the landlord. Can they fight this in small claims court in NY? Can they win this in a "my word against yours" situation?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: A landlord-tenant attorney could have the best insight here, and the question probably remains open for two weeks because it was overlooked in these categories. You could repost under Landlord-Tenant. There's no guarantee all questions are ultimately picked up, but it could have better chances of being seen there. Good luck

Tim Akpinar

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