So it has been more 2 months since I have moved out and I read that in New York State the security deposit must be returned within 2 months of moving out, or I can sue in small claims court. I have been doing more research and now I am confused on who I would be even suing, the renter or the landlord? The renter of the apartment and I entered a very simple 1 page agreement which said this about the security deposit:
"Tenant also will pay a security deposit of one months rent, or $925 , to officially lock down the room, to be paid immediately upon signing this agreement. Upon moving out, tenant will receive the entirety of their security deposit back, assuming no damage is done to their room beyond basic wear and tear, assuming no balance is due, and assuming tenant has cleaned their room before they leave."
It was then signed by just myself and the renter. Then since I moved out and started asking about my security deposit, he constantly made excuses saying the landlord is giving him problems and is being difficult. So who is legally responsible for giving me back my security deposit, if I were gonna take this to small claims who am I suing? Thanks.
Dear Manhattan Roommate:
The tenant owes you. No one else. You have no relationship with the tenant's landlord and the security deposit you gave you paid to the tenant.
New York State has no "law" that sets a due date for return of a tenant security deposit--although nearly everyone agrees, two months is more than reasonable to wait for someone to write a check for you.
Seems you are headed for Small Claims Court.
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