Return of Security Deposit | Rental Advice Forum

Posted By: Pema Chhoden Bhutia
Saturday, January 15th, 2011 6:22 pm
Return of Security Deposit
renter I sublet from my roommate
NY	Frustrated Renter
Recent Advice By: (scroll down to see reply) Richard \| Manager Got advice? Respond to this post Need more advice? Post new question Related posts: security deposit return Security Deposit Return Runaround Landlord won’t return security deposit Security Deposit Return Questions & “Preliminary Walk Through” Successor landlord wont return my security deposit! Hi, I am writing because I am not sure how I can protect myself from false charges that my roommate may charge after I move out from this apartment. I have subletting the room from her and we share the apartment. I am also on the lease of the apartment building besides the sublet contract we signed. So, the issue now is everytime I ask her about the security deposit she says ‘ ya ya ya you will get it once I confirm everything is ok and there is no loss or damages’ I have asked her what does she mean by that and she says’ I dont want to discuss this’. As per the building management office, who I called 2 weeks ago and asked him to check if everything is in order and also to check the little wall damage and he said that the expense should not be more that $ 25. I asked him to send me a written letter stating the expense and he said he would do so. Now, my concern is that after I leave she may claim she has lost/ damaged items. How do I protect myself from such allegations. I want her to sit with me while I am present and let me know any damages she claims so its on paper before I leave. After I leave, she could claim anything . So, how do I protect myself here. I have tried asking her to sit to talk about this. But she can’t have a conversation without screaming. Please help.. I have been looking at renters laws and have not found anything regarding this issue. Thanks You Originally posted 2010-07-13 04:49:14.

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One Response to “Return of Security Deposit”

Manager

Richard

July 13th, 2010 8:25 am

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The landlord laws concerning refund of deposit would apply to your situation. So, your landlord will be required to comply with the deposit refund law. Since you are subletting from your roommate, I assume you gave your roommate the deposit directly, correct? Thus you are worried that she might not refund your money.

If you did give your roommate your deposit money directly, it would make her responsible to the same deposit laws as the actual landlord.

I not exactly sure about your state, but in mine this is how the deposit law works:

1) Landlord is required to provide a refund or deposit statement showing how your deposit was charged (within 30 days)
2) You can only be charged for items that are considered BEYOND normal wear and tear

To protect your deposit, it will be impossible for your roommate to sit down with you– not going to happen! So, instead, you will want to document everything. This means that you will want take pictures of your space and show that there is no damage. Be sure to have some reference such as showing in the picture todays paper (to confirm the date of when the pictures were taken) You will want that date reference in all pictures. The date on your camera can be changed to any date, so it isn’t evidence of when the photos were taken.

Picture proof is the best line of defense for you. If your roommate fails to give back your deposit you can then move towards filing a complaint with the RPA or going straight to court.

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