Suing landlord for not returning deposit... need someone with NYS law knowledge!?

[flannagain]

I moved out of an apartment in a house on June 1st. During the final walk-through of the apartment, i turned my recorder on so I have proof of everything she said to me during the walk-through because she has been known to lie and change her story throughout the entire time I lived there. Well, I have her recorded saying her new tenants promised to move in on June 1st and regardless if they move in on the 1st or the 15th, they are responsible for the whole month because that is what they promised. Three days after I moved out, she sends me a long, detailed email about how she's keeping half of the deposit because I didn't give her sufficient notice as to when I was moving out, which is false. I gave her 2 months notice and actually told her I was in no rush so she would have plenty of time to find a new tenant. Unfortunately none of that was recorded so it's her word against mine. Anywho, since I have her recorded saying her new tenant is responsible for the whole month of June, can she legally take that money? I mean this woman is a true piece of work and I honestly feel bad for anyone that has to live in her home. I also highly believe that the apartment is illegal. I didn't think so when I moved in but reading up on those laws, I now think it is. I didn't want to have to take this matter to small claims but I think i'm going to... I just don't want to feel like an *** if the judge tells me I have no case. I'm young and not very experienced with any of this.

[gerard]

Do you have anything in writing?

The recording will definitely be in your favor, since she's saying she has new tenants scheduled. (You also might want to see if you can contact the new tenants.)

Before going to small claims, I recommend you speak with a tenants rights group or attorney. They can advise you of your rights in this case.

However, note: If it's the security deposit she's keeping (as opposed to last month's rent), she cannot legally keep it except for repairs.

[patwin87]

Send the landlord the video and ask if she would like to revise her stance.

Do you have an email stating your notice to vacate? That and the notice provision in the lease (hope you kept your copy) will be all you need.

[lorimar]

Send the landlord the video and ask if she would like to revise her stance.

Do you have an email stating your notice to vacate? That and the notice provision in the lease (hope you kept your copy) will be all you need.

What you did was illegal. NYS law requires written permission from the person you are recording BEFORE you record.