The most prestigious law school admissions discussion board in the world.
|
 |
 
|
DBG, if landlord violated some rules, can I get my deposit back?
| odious voyeur legend | 03/24/17 |
| garnet soul-stirring police squad menage | 03/24/17 |
| odious voyeur legend | 03/24/17 |
| Sable impertinent background story crackhouse | 03/24/17 |
| odious voyeur legend | 03/24/17 |
| Jade bateful den | 03/24/17 |
| odious voyeur legend | 03/24/17 |
| Jade bateful den | 03/24/17 |
| garnet soul-stirring police squad menage | 03/24/17 |
| odious voyeur legend | 03/24/17 |
| garnet soul-stirring police squad menage | 03/24/17 |
Poast new message in this thread
Date: March 24th, 2017 5:23 PM Author: odious voyeur legend I owe it back to her since I'm leaving without giving notice, which we agreed on in the contract. (which is month-to-month by the way.) But she fucked around a lot, including not plowing the snow a few times during major storms, adjusting the temp on the shower valve so the water was lukewarm, etc. Some other things too. Dishonest piece of shit. I want my 350 back. How would you go about it? |
 |
Date: March 24th, 2017 6:04 PM Author: garnet soul-stirring police squad menage >>I owe it back to her since I'm leaving without giving notice, which we agreed on in the contract. (which is month-to-month by the way.)
this might not be a valid contract provision. could be an unenforceable penalty clause. a liquid damages provision cant be a penalty; it has to be a reasonable approximation of damages
further, state security deposit law may make that provision unenforceable bc a security deposit is supposed to be for damage to the apartment, not a lease-breaking penalty. check you state's law.
>>But she fucked around a lot, including not plowing the snow a few times during major storms, adjusting the temp on the shower valve so the water was lukewarm, etc. Some other things too. Dishonest piece of shit.
threaten to sue her not only for return of the security deposit, but also for a bunch of other shit. implied warranty of habitability type of shit. |
|
Date: March 24th, 2017 7:00 PM Author: odious voyeur legend see below (http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32910060) |
Date: March 24th, 2017 5:30 PM Author: Sable impertinent background story crackhouse Just give notice, but she will keep it anyway (http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909353) |
|
Date: March 24th, 2017 6:39 PM Author: odious voyeur legend As a chronic poor i find this infuriating. in the brief periods of the last decade where i lived in a house, i never left damage behind. But i never have gotten my deposit back. never. (http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909862) |
|
Date: March 24th, 2017 6:40 PM Author: Jade bateful den You really have to go apeshit and kike out. This has worked for me once. (http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909873) |
|
Date: March 24th, 2017 6:42 PM Author: odious voyeur legend what do you recommend man? (http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909895) |
|
Date: March 24th, 2017 6:49 PM Author: Jade bateful den Your tactics depend on the state. I'm in California so it's a bit easier. I started calling the owner of the building (who was a retired boomer and not even the manager), told him I had all the documentation and photos, plan to take him to court, had my lawyer cousin draft me a letter, etc. (http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909978) |
|
Date: March 24th, 2017 6:48 PM Author: garnet soul-stirring police squad menage it's worked for me every time (http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909972) |
|
Date: March 24th, 2017 6:50 PM Author: odious voyeur legend here is what the law says: A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate;  provided, however, that no notification shall be necessary to terminate a tenancy for a definite term. - See more at: http://codes.findlaw.com/ny/real-property-law/rpp-sect-232-b.html#sthash.TEEPBJk3.dpuf
it looks like i am required to give her 30 days. But there is no provision in there that says she gets to keep my deposit if I don't. But i suspect that's how it's enforced? |
|
Date: March 24th, 2017 7:26 PM Author: garnet soul-stirring police squad menage the landlord is allowed to make deductions from the security deposit for owed rent.
if you didnt give her 30 day's notice, you owe her rent for 30 day's notice.
but she has a duty to mitigate. |