[UPDATED] Landlord 1 - Tenant 0 (1 Viewer)

[Alias]

The hold up with the security deposit was due to the TV not being picked up, that should be taken care of by 3:30 today, I will call back at that time. I would rather not go through the trouble of filing the police report since previously it sounded like they were going to pay up. Now that they are waivering I need to apply pressure so they do not think they can get away with this.

 

[Rayderr]

The hold up with the security deposit was due to the TV not being picked up, that should be taken care of by 3:30 today, I will call back at that time. I would rather not go through the trouble of filing the police report since previously it sounded like they were going to pay up. Now that they are waivering I need to apply pressure so they do not think they can get away with this.

File against them as well in small claims court.

 

[The Z Machine]

I ####### hate shiesty people.

I ####### hate shiesty companies even more.

 

[Marc Levin]

*** another update ***

I spoke to my contact at the landlord, when I asked him about the check for the amps his response was, "hold on a second while I transfer you to my boss so you can schedule a time to pickup your security deposit"

L = landlord, A = Alias

A: I wanted to confirm that in addition to a check for my security deposit I would be getting a $900 check cut for the amplifiers that were taken. 

L:  amps what amps?

A: I was told you would be cutting me a check after you dock his pay

L: Oh the amps the super stole, we are not responsible, we will talk later

A: I was told you would be cutting me a check after you dock his pay

L: Well they have not paid up yet, we will talk later

~~~~~~~~~~

My question is when I do go visit him to collect my security deposit what information can I provide to him to encourage them to pay up?

My thoughts -

I will be filing a police report and your company will be the prime suspect for my stolen amps - Keys were given to your firm and are held responsible for items stolen.  Tyrone who works for you told me the super stole the amps and that your firm was going to reimburse me and now you are changing your story.

The Better Business Burea

The NY Real Estate Commission

why wait any longer? let them know you are serious and file the report ASAP. enough time has been wasted.

exactly.The LL is not responsible for intentional acts of theft an dprobably does not owe you anything for the amps. But, if they made a promise, there could be detrimental reliance - either way, they need to be on the hook legally throught he housing dept.

 

[Jaysus]

It's time to file a police report... ar at least sick Dodds on them.

 

[Dragons]

The TV is still sitting there?

I would file the police report. I would think you could tell them that you're trying to work out restitution with the property manager to put things on 'hold' for awhile. But, at least the report is made and you can reference it in whatever discussions you have with him.

 

[GroveDiesel]

Time to go on Judge Judy

 

[Wild Young Billy]

The hold up with the security deposit was due to the TV not being picked up, that should be taken care of by 3:30 today, I will call back at that time. I would rather not go through the trouble of filing the police report since previously it sounded like they were going to pay up. Now that they are waivering I need to apply pressure so they do not think they can get away with this.

File against them as well in small claims court.

I can't believe Grovediesel beat me to that.

 

[Alias]

called salvation army - they could not take the TV because the hallway in lobby was blocked (from my trash from the cleaning lady I hired yesterday)

which is another thing - they told me they are going to charge me to remove trash from the lobby (which is where they told me to put it)

The head dude was out getting a bite to eat - I told them I would call back in 30 minutes. If they charge me for anything I am telling them to take it out of my prorated rent for this month (4 days) since I moved out early so they could renovate the apartment before the new tenant moved in

 

[Alias]

The LL is not responsible for intentional acts of theft an dprobably does not owe you anything for the amps. But, if they made a promise, there could be detrimental reliance - either way, they need to be on the hook legally throught he housing dept.

I did not give my keys to the super, I gave the keys to the management company - are they not responsible for who they lend the keys to? I was told they (the management company) was going to take the TV instead they give the keys to the super to take and he decides to take the amps. There has to be some form of negligence there on behalf of the management company.Now they are trying to charge me $500 for trash removal from the lobby (I paid a cleaning lady $80 to spend 4 hours cleaning the apartment and remove trash), since my mattress and box spring were still there from Saturday the trash got pretty high.

I told the head dude that his subordinate told me to put everything in the lobby - he starts yelling over the phone to his worker and his worker said yes he did tell me to put everything in the lobby. Furthermore I tell him if I put everything on the sidewalk you would have gotten fined and I was just following directions.

I just got off the phone with him again and told him I need an answer regarding the amps and getting a check written for them or I am filing a police report and I need an answer today, he said, "ok".

 

[Alias]

Ok I went to the police station to file a stolen property report on my amps (value $900) - grand larceny?

I tell them the whole story, the cop is barely listening to me, he is not writing anything down I probably slipped when I said, "If they change their mind and decide to pay me then I will cancel the charges."

The cop decides I am abusing the system and tells me I can fill out a LOST Property report but he is not going to fill out a STOLEN property report for me. I tell him it is not lost it was stolen, he tries coming up with some cockamamie analogy "it's like you spend 10k on your credit card and you say you don't want to pay the 10%" - this guy was a total buffoon.

He told me this happens a lot, someone moves out they think anything left in the apartment is up for grabs and then you have a dispute - he said it was a civil case now. I told him my lease is not up until Friday - this happened last Tuesday - I could go to small claims court but a stolen property police report would give my case more backing. He didn't care. He also said the reports get reviewed by like 5 people and he has to make sure he gets it right the first time.

I walked out of there without giving him my name or any info. I want to go to another precinct tomorrow and make sure I get the stolen property report filled out, how do I go about it?

 

[Alias]

forgot to mention, towards the end he said if "There was a broken door or something then we could go ahead and investigate." It's almost like if there was a mystery or something to get to the bottom of they would investigate, but since this case was cut and dry there was no problem to try and solve, no challenge, so he was not interested in my "case".

I dunno it just sounds like he is trying to be judge and jury and is telling me the amps were never stolen? They were certainly not misplaced.

 

[Don Quixote]

This isn't my area of expertise, so I could be wrong on this... but while you don't have a right to see the government prosecute the super, you should have a right to file your report. Be persistent. A lot of places let you file a report online now, not sure about NYPD.

And DON'T sign anything that says it is loss property. In addition to it being a felony to file a false police report (which a statement that it is lost would be), if it ever comes up for trial or anything, it can be used to impeach your testimony.

(again, I don't do criminal law and I don't do evidence, so take what I said with a grain of salt).

 

[Alias]

This isn't my area of expertise, so I could be wrong on this... but while you don't have a right to see the government prosecute the super, you should have a right to file your report. Be persistent. A lot of places let you file a report online now, not sure about NYPD.

And DON'T sign anything that says it is loss property. In addition to it being a felony to file a false police report (which a statement that it is lost would be), if it ever comes up for trial or anything, it can be used to impeach your testimony.

(again, I don't do criminal law and I don't do evidence, so take what I said with a grain of salt).

I will use that line when / if the next police station suggests I file a Lost Property report - I will merely ask them if it is a felony to file a false police report - and they say yes I will ask them why they are asking me to commit a felony?I spoke to a buddy of my from Boston, he said all police act like this - when you report something like this they treat you like the perp and begin questioning you and try to avoid logging anything at all costs.

 

[Alias]

Ok here is the plan - I am going to wait to see if the landlord's office calls me at work today - let them make the next move - they have a new tenant moving in this weekend and they need the keys from me (they have a set but need the mailbox key and it would be good for them to get my copy back) - I am already moved out. I assume they will have deductions from the two months security they have of mine specifically for trash removal - even though I put the trash exactly where they told me to put it - the apartment was sparkling so there should be minimal they can deduct from there. If they do call and I go to meet with them I am going to ask for an itemized list of deductions but I am not going to sign anything, it is going to be an exchange - check for keys. Any unreasonable deductions I will file a suit at small claims court for double the amount withheld - I believe that is what I am entitled to under law - but I will make no mention of this when we do the exchange. I will only say something if it looks like they want to gauge my reaction before they make out the check.

Regarding the police report - I am going to go to another precinct at lunch and tell them I completed moving out on Monday. On the Tuesday prior I had a phone conversation with my landlord about a large TV, I asked them if the new tenant wanted it, they checked, called me back and said no but they would take it off my hands and asked if it was ok to have someone from their office go there during the day to pick it up - I said it was o.k. When I got home later that night two amplifiers were missing. The next day (Wednesday) after a few phone calls back and forth I confirmed with the landlord's office that a person that works there took them and that someone that works for that person took them from him. Originally I was told I would get the amps returned to me or I would be reimbursed. I have since moved out and have received neither and want to file a stolen property report and have it investigated. If the police ask any further questions I will just give them vague answers - like they are giving me the run around and are not giving me specifics - it is almost like they are playing dumb now and are actingly like they don't understand my questions.

 

[Alias]

wow - I actually have faith in "the system" now

I ended up going to a different precinct - the cop that took my report was totally friendly and filled out the report.

I get a phone call from the detective covering the case today and I tell him the story. He calls up the landlord's office and speaks to Tyrone, Tyrone confirms my story and says the super is coming into the office tomorrow to work things out. The cop tells Tyrone he is off until Monday and he either wants to see the amps appear or get paid for or someone is going to get arrested.

 

[regularguy]

wow - I actually have faith in "the system" now

I ended up going to a different precinct - the cop that took my report was totally friendly and filled out the report.

I get a phone call from the detective covering the case today and I tell him the story. He calls up the landlord's office and speaks to Tyrone, Tyrone confirms my story and says the super is coming into the office tomorrow to work things out. The cop tells Tyrone he is off until Monday and he either wants to see the amps appear or get paid for or someone is going to get arrested.

 

[Dragons]

Nice work!

 

[TommyGilmore]

wow - I actually have faith in "the system" now

I ended up going to a different precinct - the cop that took my report was totally friendly and filled out the report.

I get a phone call from the detective covering the case today and I tell him the story. He calls up the landlord's office and speaks to Tyrone, Tyrone confirms my story and says the super is coming into the office tomorrow to work things out. The cop tells Tyrone he is off until Monday and he either wants to see the amps appear or get paid for or someone is going to get arrested.

GB good cops.

 

[Dreamer]

wow - I actually have faith in "the system" now

I ended up going to a different precinct - the cop that took my report was totally friendly and filled out the report.

I get a phone call from the detective covering the case today and I tell him the story.  He calls up the landlord's office and speaks to Tyrone, Tyrone confirms my story and says the super is coming into the office tomorrow to work things out.  The cop tells Tyrone he is off until Monday and he either wants to see the amps appear or get paid for or someone is going to get arrested. 

GB good cops.

What precinct?

 

[JAA]

wow - I actually have faith in "the system" now

I ended up going to a different precinct - the cop that took my report was totally friendly and filled out the report.

I get a phone call from the detective covering the case today and I tell him the story. He calls up the landlord's office and speaks to Tyrone, Tyrone confirms my story and says the super is coming into the office tomorrow to work things out. The cop tells Tyrone he is off until Monday and he either wants to see the amps appear or get paid for or someone is going to get arrested.

 

[Alias]

Bah.

Just got back from meeting with Landlord - What a scumbag - I am going to report him to every agency I can after I get my check back.

First off he asks me how much security I am expecting back..

L: is it 1 month?

A: No it is two months (MORON).

L: I have to deduct $600 for trash removal.

A: Do whatever you need to, I will sue you for twice the amount you illegally withhold.

L: Blah, Blah, Blah - there was a lot of trash.

A: I don't care, if I put it on the sidewalk you get fined, I put it where you told me to put it. What about my amps, do you have a check for $900 for them?

L: The super came in on Friday and we talked and he was balling his eyes out and how about I pay you for half?

A: How about I take one of your $1,000 computers I see over there and give you half back? I had someone willing to pay me $900 for the amps the night of when your super came in and stole them.

L: He said they didn't work and threw them out.

A: That's not my problem he probably hooked them up wrong and blew them out. Cops are involved and they will arrest someone for this. Your firm had the keys to my apartment - they will come and arrest you. (unfortunately he saw right through this "bluff").

L: Fine have them come and arrest me (as he puts his arms up in the air and smiles).

L: Look how about we call it even (makes an offer).

A: Ok you cancel the bogus $600 trash charge and I will settle for half of the cost of the amps.

L: No. We call it even, I don't charge you anything, you don't charge me anything.

I mull it over... and go into "the tank"

worst case for me (he pushes his stack and wins) - I take him to court for the $600 he withheld and lose the filing since he has witnesses saying there was excessive trash and his receipt for $600 holds water - plus I am out my time and energy + filing charge. I refuse his $500 offer for my $900 amps, cops get involved further and arrest the super, but I still do not get paid for the amps due to some technicality with the law - I don't have Serial Numbers for the amps or some other bogus loophole and I am out $1100 - chance of this happening: 30%

best case for me (I push my stack and win) - I take him to court and win $600, I take the super to court and garnish his wages for 5 months and get my $900 - chance of this happening: 10%

Offer on the table - he withdraws the $600 charge, I drop the $900 charge - he comes out a little ahead on money, the only real leverage I have is a cop investigating the case, even if the super pleads guilty I may have a hard time establishing a value for amps that are 15+ years old, slim chance I can get them appraised near the $3k I paid for them, better chance I come out at less then $500 (bluebook).

I didn't want to deal with all of the BS, time is money and I accepted the offer, gave him my address and he said he would mail me the check which I will probably have to wait 30 freaking days. One mistake I made was not bringing up prorating my rent for moving out early so he could do renovations, but this guy was being a stubborn mofo and it probably would not have mattered.

 

[gl_sac]

Bah.

Just got back from meeting with Landlord - What a scumbag - I am going to report him to every agency I can after I get my check back.

First off he asks me how much security I am expecting back..

L: is it 1 month?

A: No it is two months (MORON).

L: I have to deduct $600 for trash removal.

A: Do whatever you need to, I will sue you for twice the amount you illegally withhold.

L: Blah, Blah, Blah - there was a lot of trash.

A: I don't care, if I put it on the sidewalk you get fined, I put it where you told me to put it. What about my amps, do you have a check for $900 for them?

L: The super came in on Friday and we talked and he was balling his eyes out and how about I pay you for half?

A: How about I take one of your $1,000 computers I see over there and give you half back? I had someone willing to pay me $900 for the amps the night of when your super came in and stole them.

L: He said they didn't work and threw them out.

A: That's not my problem he probably hooked them up wrong and blew them out. Cops are involved and they will arrest someone for this. Your firm had the keys to my apartment - they will come and arrest you. (unfortunately he saw right through this "bluff").

L: Fine have them come and arrest me (as he puts his arms up in the air and smiles).

L: Look how about we call it even (makes an offer).

A: Ok you cancel the bogus $600 trash charge and I will settle for half of the cost of the amps.

L: No. We call it even, I don't charge you anything, you don't charge me anything.

I mull it over... and go into "the tank"

worst case for me (he pushes his stack and wins) - I take him to court for the $600 he withheld and lose the filing since he has witnesses saying there was excessive trash and his receipt for $600 holds water - plus I am out my time and energy + filing charge. I refuse his $500 offer for my $900 amps, cops get involved further and arrest the super, but I still do not get paid for the amps due to some technicality with the law - I don't have Serial Numbers for the amps or some other bogus loophole and I am out $1100 - chance of this happening: 30%

best case for me (I push my stack and win) - I take him to court and win $600, I take the super to court and garnish his wages for 5 months and get my $900 - chance of this happening: 10%

Offer on the table - he withdraws the $600 charge, I drop the $900 charge - he comes out a little ahead on money, the only real leverage I have is a cop investigating the case, even if the super pleads guilty I may have a hard time establishing a value for amps that are 15+ years old, slim chance I can get them appraised near the $3k I paid for them, better chance I come out at less then $500 (bluebook).

I didn't want to deal with all of the BS, time is money and I accepted the offer, gave him my address and he said he would mail me the check which I will probably have to wait 30 freaking days. One mistake I made was not bringing up prorating my rent for moving out early so he could do renovations, but this guy was being a stubborn mofo and it probably would not have mattered.

wow this is some major bs

 

[regularguy]

Did you get a reacharound at least?

 

[Rayderr]

Right now your mistake is combing the 2 issues (the trash, and the amps)

Tell the super that you've filed the police report. If you don't get the money by X (like 24 hours) you'll be pressing charges.

As far as the trash bill, best bet is to go through small claims court for that and file a complaint with BBB (of course, I doubt that would make difference in NYC)

 

[Alias]

Right now your mistake is combing the 2 issues (the trash, and the amps)

Tell the super that you've filed the police report. If you don't get the money by X (like 24 hours) you'll be pressing charges.

As far as the trash bill, best bet is to go through small claims court for that and file a complaint with BBB (of course, I doubt that would make difference in NYC)

Well the landlord combined the two issues.Ok so I tell the super that I've filed a police report - I have never met this guy in my life, so I tell the landlord and the landlord tells the super. Police call me back and I tell them to arrest the super. Then what happens - the cops are not going to bleed $900 out of the guy. From what I could tell the guy does not have $900 to his name so you are talking about docking his paycheck after going to court. That's all assuming there are no loopholes I am missing.

Regarding the trash, the landlord is going to have a receipt from one of his buddies for $600 to "remove trash". Best case and I am probably talking about squeezing an extra $300 out of all of this, I just don't see it being easy. Without any leverage - the only leverage I have is the police complaint that does not apply much of any pressure to the management company (landlord), there is not much I can do but hope one of the procedures is successful.

By the way I just got a faxed "General Release" that I need to sign and get notarized and hard copy returned to the management company before they are going to cut any checks - what a major PITA.

 

[NY/NJMFDIVER]

Right now your mistake is combing the 2 issues (the trash, and the amps) 

Tell the super that you've filed the police report.  If you don't get the money by X (like 24 hours) you'll be pressing charges. 

As far as the trash bill, best bet is to go through small claims court for that and file a complaint with BBB (of course, I doubt that would make difference in NYC)

Well the landlord combined the two issues.Ok so I tell the super that I've filed a police report - I have never met this guy in my life, so I tell the landlord and the landlord tells the super. Police call me back and I tell them to arrest the super. Then what happens - the cops are not going to bleed $900 out of the guy. From what I could tell the guy does not have $900 to his name so you are talking about docking his paycheck after going to court. That's all assuming there are no loopholes I am missing.

Regarding the trash, the landlord is going to have a receipt from one of his buddies for $600 to "remove trash". Best case and I am probably talking about squeezing an extra $300 out of all of this, I just don't see it being easy. Without any leverage - the only leverage I have is the police complaint that does not apply much of any pressure to the management company (landlord), there is not much I can do but hope one of the procedures is successful.

By the way I just got a faxed "General Release" that I need to sign and get notarized and hard copy returned to the management company before they are going to cut any checks - what a major PITA.

Quite honestly alias, and I am not speaking from the internet BS perspective, I would drop a molotov in your old apartment. You clearly aren't going to gain any meaningful or even fair finanical renumeration, and it would all be about blood for me, if I were in your shoes. Not going to pretend that's "right" but when you get wronged, at least in my book, other people pay.

 

[Ditkaless Wonders]

Preface- I don't know New York's LandLord/Tenant laws.

In Colorado the laws states that should a security deposit be wrongful withheld, or even not returned in a timely fashion, that the tenant can recover treble damages as well as attorney's fees. Now attorney's usually have no interest in $1000 cases, but that attorney's fees provision does make it so that attornies will take these matters on.

Before throwing in the towel you might want to check your local provisions. I have seen several rather arrogant LandLords change their tunes when cases are filed and they consult their attorney.

Best future advise. Prior to move in at your new place document the condition with pics. Have a friend inspect the place too so that you have a witness to the condition. Yes, it may stil be he said you said in court but he always has the testimony of a maintanence guy or manager. You will have the testimony of a friend to butress yours and to offset his numerical advantage, and you will have pics.

 

[Alias]

Right now your mistake is combing the 2 issues (the trash, and the amps)

Tell the super that you've filed the police report. If you don't get the money by X (like 24 hours) you'll be pressing charges.

As far as the trash bill, best bet is to go through small claims court for that and file a complaint with BBB (of course, I doubt that would make difference in NYC)

Well the landlord combined the two issues.Ok so I tell the super that I've filed a police report - I have never met this guy in my life, so I tell the landlord and the landlord tells the super. Police call me back and I tell them to arrest the super. Then what happens - the cops are not going to bleed $900 out of the guy. From what I could tell the guy does not have $900 to his name so you are talking about docking his paycheck after going to court. That's all assuming there are no loopholes I am missing.

Regarding the trash, the landlord is going to have a receipt from one of his buddies for $600 to "remove trash". Best case and I am probably talking about squeezing an extra $300 out of all of this, I just don't see it being easy. Without any leverage - the only leverage I have is the police complaint that does not apply much of any pressure to the management company (landlord), there is not much I can do but hope one of the procedures is successful.

By the way I just got a faxed "General Release" that I need to sign and get notarized and hard copy returned to the management company before they are going to cut any checks - what a major PITA.

Quite honestly alias, and I am not speaking from the internet BS perspective, I would drop a molotov in your old apartment. You clearly aren't going to gain any meaningful or even fair finanical renumeration, and it would all be about blood for me, if I were in your shoes. Not going to pretend that's "right" but when you get wronged, at least in my book, other people pay.

My bloodpressure spiked when I left his office, felt like crap - I am going to throw a few back tonight since I am guaranteed 2nd or 3rd place tonight in a 75 person NCAA pool (I win more if the Gators win). The crazy thing is the winnings will be $300 which is the difference in the amount I let the landlord negotiate me down to (900-600), I realize it is still but have to look for something positive.RE: DW - you are right I should have taken pics of the trash, it never crossed my mind that he would pull this stunt, but I should have known once he heard about the amps that he would have found anything to try to charge me to offset the cost.

 

[ILUVBEER99]

If you open yourself up to get screwed you'll get screwed. Letting random people in your apartment where valuable electronics were was not a good move. Also you left yourself open to get screwed by leaving mounds of trash in the halls when you knew they were looking for an out on the $900 of equipment.

Look at it as paying $900 for a lesson. In the long run you got off easy as in the future you'll probably be in similar situations and you'll handle it better.

 

[Alias]

If you open yourself up to get screwed you'll get screwed. Letting random people in your apartment where valuable electronics were was not a good move. Also you left yourself open to get screwed by leaving mounds of trash in the halls when you knew they were looking for an out on the $900 of equipment.

Look at it as paying $900 for a lesson. In the long run you got off easy as in the future you'll probably be in similar situations and you'll handle it better.

well it wasn't some random stranger, it was a conversation I had with my landlord - I thought I could trust them and it wasn't mounds of trash - only reason why it looked like a lot was because the bed I brought down had been sitting there for 3 days (boxspring on top of 3 garbage cans for trash, so nobody could throw trash in garbage cans) and the super never tossed it to the curb like he was supposed.I still might fight this, I put a call into a lawyer friend of mine to see if it is worth my trouble.

 

[BassNBrew]

If you open yourself up to get screwed you'll get screwed. Letting random people in your apartment where valuable electronics were was not a good move. Also you left yourself open to get screwed by leaving mounds of trash in the halls when you knew they were looking for an out on the $900 of equipment.

Look at it as paying $900 for a lesson. In the long run you got off easy as in the future you'll probably be in similar situations and you'll handle it better.

well it wasn't some random stranger, it was a conversation I had with my landlord - I thought I could trust them and it wasn't mounds of trash - only reason why it looked like a lot was because the bed I brought down had been sitting there for 3 days (boxspring on top of 3 garbage cans for trash, so nobody could throw trash in garbage cans) and the super never tossed it to the curb like he was supposed.I still might fight this, I put a call into a lawyer friend of mine to see if it is worth my trouble.

Update?