renter's security deposits

[wendakins]

What is the name of your state?
New York

I am hoping someone can help me out. I claimed chapter 7 in June, went to court in July and was discharged in September. My then landlord was included in my bankrupcy. I was paying off back rent at a rate of $200.00 a month on top of my $600.00 current rent payment. After the papers were filed in June he decided to raise the rent to $700.00 starting in August. Unable to pay this amount on top of what I was already paying him I decided to move. I had lived in this apartment for 8 1/2 years and it was a two family dwelling. I moved out at the end of August and he has refused to return my security deposit. I have filed a small claims case against him for both this and another matter which isn't relevant here. My question is, since I did not leave the apartment in any disrepair is he entitled to keep my security deposit? Please respond as my case is due in court tomorrow at 8am. I only wish I found this site sooner! Thanks

 

[stevek3]

What is the name of your state?
New York

I am hoping someone can help me out. I claimed chapter 7 in June, went to court in July and was discharged in September. My then landlord was included in my bankrupcy. I was paying off back rent at a rate of $200.00 a month on top of my $600.00 current rent payment. After the papers were filed in June he decided to raise the rent to $700.00 starting in August. Unable to pay this amount on top of what I was already paying him I decided to move. I had lived in this apartment for 8 1/2 years and it was a two family dwelling. I moved out at the end of August and he has refused to return my security deposit. I have filed a small claims case against him for both this and another matter which isn't relevant here. My question is, since I did not leave the apartment in any disrepair is he entitled to keep my security deposit? Please respond as my case is due in court tomorrow at 8am. I only wish I found this site sooner! Thanks

Somebody here correct me if I'm wrong, but shouldn't that security deposit have become the property of the bankruptcy trustee?

 

[wendakins]

That is what I am requesting to be done with the deposit money tomorrow in small claims court if judgement is in my favor. I included the security deposit in my claim against the landlord along with a claim that he cashed a replacement check for $300.00 under false pretense. As many pages as I have viewed I have yet to see a case such as this. Thanks for any help you can offer me.

 

[Ladynred]

Probably, but if the Trustee had wanted it, he/she would have gone after it.

Did the landlord give you any itemization of damages or explanation of WHY he was keeping your security deposit ?? Have you checked your landlord-Tenant laws in your state to see what IS required ? Most states have some requirement that a reason be given for not returning a security deposit and if is for damages, there has to be a list, including charges. Check that out before you go to court too.

 

[liventobefree]

Did you sign a rental agreement when you moved in or paid the lease? We rent our basement and we have a clause in our rental agreement that says if any rent is past due or unpaid, at the time the tenant vacates premesis, rent can be applied to amounts owed, both due rent and cleaning or maintenance fees.

What does your lease say, or what did your verbal rental agreement cover?
good luck!

 

[wendakins]

We did sign a lease over 8 years ago and after the first year we continued on a month to month basis. There is nothing in the lease that states the money for security will be used for back rent. It actually states that the money will be used for repairs caused by the tenent during the period of which they lease the apartment. An update, We went to court Wednesday and we were asked to try and settle the dispute before going to trial. My ex-landlord stated that if I didn't drop the case then he would file a counter suit for one months rent. I filed my BK on June 15, 2004. Would this date include the month of June's rent? I did make payments in the amount of 2 months rent plus $100.00 after filing. Am I responsible for June's rent or is that included in the BK since it was due June 1st. I do have a call in to my BK lawyer but he has yet to return the call. The detailed list of creditors states "2003-2004 back rent". I opted to let him file his counter claim because the only "proof" he has to determine I didn't pay a months rent is a schedule that he created himself. I have canceled checks proving what I paid, so I felt I have a good shot of shooting down his claim for $650.00 back rent. Also I would like to add that we moved out of the apartment on August 15 and our rent was paid till August 31. There was a power outage on August 17 that caused electrical damage to the apartment. ( A major amount of outlets that do not work as well as the refrigerator and a ceiling fan/light). All the switches were checked and flipped at the panel box but the problem is still there.) To date he has not had the problem looked into or fixed and hasn't re-rented the apartment. We did leave some garbage at the apartment at the end of August and removed it ourselves on September 18th when the town dump opened up for fall cleanouts, However we weren't occupying the apartment and if he wanted to clean out the apartment and charge us for it that would have been fine. He didn't do any of those things though. WE cleaned it out and left the apartment in better shape than what we had rented it in. Does this garbage that was left for 18 days but was cleaned out by us, don't forget, he couldn't rent the apartment without the electricity being repaired, constitute yet another months rent since we were not occupying the place?
I know it's the fine details that are confusing but feel free to email me at zq12144@yahoo.com if you need more information or if you have any advice for me. Thanks.

 

[wendakins]

Good news! My ex landlord has filed a counter claim for unpaid rent. This is a legal document, proving he is attempting to collect on a discharged debt. According to my lawyer I shouldn't have even bothered paying him any "extra" rent after the filing but since I did I am well covered. My discharge papers state the claim was for "2003-2004 rental arrears". He states that this would include the month of Junes rent since it was due June 1st and I filed June 15th. He told me to inform the judge that he is attempting to collect on a debt that has been discharged in br court and if need be the case can be reopened to file contempt charges on him. Also, he stated that since the amount of the deposit was under $1000.00 the trustee would have no interest in collecting the money and it should be returned to my husband and I. Yeah!