Any recourse on getting securtiy deposit back?

Question

My daughter rented from someone in NYC. She had to come up with over $1400.00 for the security deposit. She did NOT sign a lease. 3 months later she had to leave NYC because she just could not afford it. She found someone to take over her 'room'..no lease was signed and the guy charged the new person even more money for the room. She paid him w/a money order, but does not have copy of it. Anyway, he said there would be no problem getting the deposit back. Two months have gone by and now he will not send her the security deposit. Does she have any recourse at all? Small Claims Court? Thanks!

She does have emails back and forth w/this guy which states he would send her deposit back, etc. she has copies of correspondence, proving she was there, etc.

Answer 1

You must research the rental laws in the state of NY but here in NJ a landlord MUST return the security within 30 days of moving out, or else have written proof within the 30 days of why the money is being withheld.  I'm sure laws in NY are similar.  

In NJ, if a landlord is found to have illegally withheld security, the penalty is DOUBLE-TRIPLE the money.  Could be profitable to follow it up-  do the research and then file the claim ASAP.

EDIT:  In NJ you can get a booklet from the Housing Authority called "Truth in Renting."  I'm sure NY must have something similar.  It lists all rental laws for the state- for the city you can contact Housing Authority in case there are some weird local laws.  Good luck.

EXPERT REALTOR:  With no lease she may not have been required by law to give 30-days notice.

Answer 2

Since she rented from another tenant and paid HIM the security deposit ; she needs to sue him in small claims court .

She has the e-mails ect , so she will undoubtly win including her court cost .

IDEA: Call Judge Judy and be on her show ...

TIP: I don't know what your daughter was paying per month for a ROOM ; But ..never pay a security deposit that is MORE than one months rent ....

Answer 3

Face it..he scammed your daughter.

She can take him to court, but here is your challenge:

1.  Did she give him a full 30-day notice?  If she didn't , then the LL is entitled to keep 30-days of rent.

2.  Did the emails state the AMOUNT of the deposit? If it doesn't, he'll deny the amount.

Next time, tell your daughter she needs to use a checking account.  If her credit is so bad that she can't get one, the she doesn't need to live in a place as expensive as NY.