Bad Check

[njgirl077]

What is the name of your state?New York
On Sept 13th I turned in my key to my apt (I gave 30 days notice and there was no lease). I was given my deposit back ($1235). I depostied the check into my bank account and then left to move into my new apt in NJ. On Sept 15th my landlord called and told me that her checkbook was lost and that the check would be returned to me. She would be sending me a new check. I called on october 8th and asked where my check was. She stated that she mailed it and to call her back Monday if i had not received it. She will not take any of my phone calls. I have left over 20 messges for her and I am fed up. Do I have any recourse?

 

[babymakesone]

Here is a link to the NY Tenant's Rights Guide from the NY State Attorney General. There is a part that discusses Rent Security Deposits.

http://www.oag.state.ny.us/realestate/guide_intro.html#6

When problems arise, tenants should first try to resolve them with the landlord before taking other action. If a dispute cannot be resolved, tenants may contact the nearest local office of the Attorney General, listed at the end of this booklet. (General Obligations Law, Article 7)

 

[JETX]

I was given my deposit back ($1235). I depostied the check into my bank account and then left to move into my new apt in NJ. On Sept 15th my landlord called and told me that her checkbook was lost and that the check would be returned to me.

Your post isn't clear as to what happened to the deposited check. Was it honored or returned?? If returned, how was it stamped (NSF, Account Closed, etc.)??
The reason I ask is if the check was returned her explanation of a 'stolen checkbook' may be just an excuse when she doesn't have the funds to repay you. If that is the case, then her NSF check COULD make her liable to you for civil damages as follows:
For writing a check for which there was no account, two times the amount of the check or $750, whichever is less. For writing a check on account with insufficient funds, two times the amount of the check or $400, whichever is less.

She would be sending me a new check. I called on october 8th and asked where my check was. She stated that she mailed it and to call her back Monday if i had not received it. She will not take any of my phone calls. I have left over 20 messges for her and I am fed up. Do I have any recourse?

Yes, you do. However, before taking those steps, I suggest you quit being lazy and WRITE her (calls simply do NOT 'make it' in the legal world). Send her a very nice, polite, PROFESSIONAL letter by certified RRR. Include a copy of the returned check and explain that you want her to send you a good check within 5 days. If she doesn't comply, then your next step should be to send her the 'demand letter' (again certified RRR) as required by NY law, which dictates the form to use. It can be found at: http://assembly.state.ny.us/leg/?cl=49&a=31