AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Question My son is a grad school student in buffalo, NY. He has rented an apartment for the last two years. He had given his landlord a $1,000. deposit. He is moving out and we had asked her how/when we can get that deposit. We were hoping we could get it on the day he moves out, since he is returning to long Island. She told us that she never returns any deposits before 30 days. Upon further discussion as to why not (since the apt. has been kept perfectly) she said "well, sometimes I find things wrong over that time, and besides, I don't have funds coming in until after the 1st of the month". Isn't she supposed to keep these funds in escrow? The lease does state that deposits for damage aren't returned until 30 days, if no damage is determined. We have found out that another former tenant has a class action suit against her for unreturned deposit. What are our rights? Thanks for your time.
Answer Your state statute determines how deposits are handled and what rights and remedies of a tenant.
Typically the statute will give 30-45 days for a landlord to return all or a portion of the deposit. If less than 100% is returned, most statutes require that the landlord itemize the repairs.
In the event that a landlord does not return monies and/or itemize, many jurisdictions adopted a 1x1 remedy, meaning that you not only get the deposit back, but another amount equal to the deposit (and attorney's fees in the event it is necessary to hire one to collect).
Best thing to do is not adhere to rumor mills about class actions, but simply, contact a local landlord tenant association, find out what your local law says. Then, send a letter to the landlord, informing him/her/it of the mailing address where the deposit is to be sent.
Also, do a final walk through with the landlord. If him/her/it refuses, make sure that you get the day's paper and do a video tour of the unit as you leave. Keep the camera running as you drop the keys off at the local office. If the landlord tries to sue or claim bogus repairs, you have video evidence and witnesses.
