Another security check unreturned case

Hi,

My wife and I have recently moved out of our old apartment in NYC.

Our agreement was for two years, and we asked our landlord -- through our realtor, which manages all correspondence -- to terminate it a year earlier, permitting there will be a replacement. This was about two months before our requested termination date. We already knew of another person wishing to take our place, and so everything seemed to be moving in the right direction. And so, we moved out on August 1st, one year after the agreement commencement.

But, without clear reason, the approval process of the new tenant and so the moving in date were delayed until August 28th, even though there was a hefty month and a half time to get everything ready in time. Our landlord says he had lost a month's rent and so don't plan to repay the security deposit. We feel that the landlord procrastinated as he know he has our security deposit (our original approval and moving in duration was 3 weeks, as oppose to this one's of a month and a half). We have paid all rents in time, including the last month's rent, for we assumed we would get our security deposit back.

How should we follow next? Should we just continue sending angry letters back and forth? Should I threat with a small claims suit? Should I actually sue?

Ready to clarify as needed.

Looking forward to your responses.

Quick question.

Is it a rent stabilized apartment in NYC?

The laws are different for yes or no.

If you don't know, call the Rent Guidelines Board staff at (212) 385-2934.

However, if angry letters don't work, threats of small claims won't work either (it's not the landlord's first rodeo) and you'll have to sue anyway.

But you need to know the laws first so come back with an answer to the question and I'll steer you to them.

The apartment is not rent controlled, as far as I know (from the lease -- I remember it was mentioned on other rent agreements I signed, but not on this one). I will call them Monday.

If it is not rent controlled, you and the LL are subject to the NYS landlord tenant statute and security deposit statute:

http://codes.lp.findlaw.com/nycode/RPP/7

http://codes.lp.findlaw.com/nycode/GOB/7/1

But I think you will have to use the NYC Housing Court instead of small claims court.

Here's a couple of guides:

http://www.nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf

http://www.courts.state.ny.us/publications/L&Tpamphlet.pdf

From what I read in the NEW YORK CITY HOUSING COURT's rules, my case shouldn't be brought there: it's not an Illegal Eviction proceedings, nor Housing Part proceedings, nor 7A proceedings. Should I go there still? Or should I go to Small Claims Court instead?