Poughkeepsie, NY asked in Landlord - Tenant and Small Claims for New York

Q: Can I begin a small claims action against my landlord for returning my security deposit even one day late?

My landlord has missed the 14- day return window for refunding security deposits. July 14th was the last day of the legal timeframe. I have vacated his apartment June 30th.

I have spoken to the landlord on July 14th and he has told me that he sent it in the mail postmarked for July 13th and because of the postmarked date he has met the deadline.

He has also sent me an itemized statement for deductions through text messaging and a picture of the postmarked envelope (also through text) only after I asked about my security deposit also on July 14th.

Also for one of the repairs only a partial payment was made with my deposit, the rest of the cost would be paid at a later date- July 18th (with my deposit) shouldn't all costs for repairs be paid in full?

I just received the security deposit and itemized statement in the mail July 15th.

Is this ok or can I still sue him in small claims court?

1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Poughkeepsie Tenant

Your money and your time is not a matter to provide an opinion. You may win the case or settle for a negotiated amount.

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