Q: collage daughter signed a rental lease in Long Island NY. The landlord signature was signed by a girlfriend (his name).
She only want security deposit back. He is keeping for less than 30 days move out notice (12 month elapsed, went to month to month). There was re occurring mold that dad had to clean (landlord didn’t, only offered a dehumidifier) due to poor renovation (drain pipe not connected. Property was left in good repair. No itemization of repairs given. He just kept the money. When asked, he gave list of items that are normal repair.
I called on behalf to try to discuss, he hung up. I texted and he told me to send notice of court.
A:
Your daughter could file a Complaint with the New York State Attorney General [https://ag.ny.gov/sites/default/files/nyc-rent-security-complaint-english.pdf]. NYS Law requires a refund of the tenant's security deposit within 14 days after the tenant moved out. A NY landlord that does not provide a written itemization of deductions from the tenant security deposit within 14 days will become liable for DOUBLE the entire security deposit.
Your daughter could hire an attorney to read the riot act to the landlord.
Your daughter could sue in Small Claims Court.
Generally, a Month to Month tenant is responsible to provide one month's advance notification to the landlord of the ending of the tenancy. Rent for the entire next month comes due on the first day of that last rental month. Your daughter could claim that since the landlord failed to offer a new lease at least thirty days before the end of the lease or did not provide thirty days advance notification that he would not offer a new lease, no proper month-to-month tenancy came about and that she was relieved from giving one month notice that she was moving out.
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