NYC sublet - security deposit NOT returned despite no breach

Hi there, I'm looking for guidance please. 

I live in NC but while on a work-trip, I sublet a NYC apartment for the month of June 2009 from a woman who was moving to Miami.  All seemed well at first - I paid her the full month's rent in advance $2290 and the $1600 security deposit.  I have the signed lease agreement which stated she would deduct utilities for the month from deposit and return remaining amount within 10 days of lease end.  I left the unit in perfect condition (took pictures) on June 30th.  On August 13th, she finally sent me an itemized bill of the utilities that were to be deducted ($205 leaving a remaining amount due of $1395).  She has since given me the run-around on returning the remaining $1395 - 3 times now saying a check was in the mail which never came.  I have over 20+ email conversations between her & I about the deposit.  She finally admitted to spending the money and that she didn't have the cash to repay me.  I offered her a payment plan which again she did not follow through on - it's been 7 months now and I've given her more than enough time to pay me back, so I've decided my only option is to pursue legal.

I do not know where/how to start this legal process.  How do I file in NYC as I live in NC - and the lady lives in FL now?  And can I do so on my own or do I need representation?  My concern with hiring a lawyer is that it may cost me as much as the $1395 she owes me.  If a lawyer is recommended, how do I go about finding someone reliable to handle my case?  Is anyone familiar with the NYC laws about this - I believe some states allow you to sue for 2-3x the amount owed if it was not returned appropriately and/or legal fees?

Thank you very much for your help!  It has been quite frustrating.

My advice (but not legal advice) is to sue her in small claims court in FL since you are a lot closer to FL and the FL courts would have much stronger leverage over her since she lives there.

You can do it without a lawyer.

You can probably arrange to file and serve from where you are but you'll have to travel to go to the hearing. You won't get your travel costs back.

It's possible that, once she is served with the lawsuit, she'll pay up to avoid a judgment, wage garnishment, bank account levy, trashed credit.

As for suing for X times based on NYC security deposit laws, you'll have to look it up at:

http://codes.lp.findla...

NY law provides for triple damages if your LL fails to return the security.  Problem is the logistics of suing her are very daunting.

Then again she may not know how hard it is to sue her and she may be worried about her credit rating (also hard to impact)

So if you send her a copy of the NY law as to 3X damages and jawbone her as to you intend to chase her for full amount and to sink her credit if possible she might get  afraid enough to pay you off---tell her anythng you want  that is not illegal to tell her to see if she responds--as  a matter of law I think its your money and you are not subject to all that do not do list a routine bill collector may need to follow

Thank you very much for the help!  I have a family friend lawyer who lives in Miami who may be able to help me file against her there. 

Drew - do you please know where I might be able to find that info re:NY law allows for 3x the money kept?  I've researched online for info like that and was not able to find anything.

Thanks again!

Dana S.:

do you please know where I might be able to find that info re:NY law allows for 3x the money kept?

Here's a summary of NYC Security Deposit law:

http://www.housingnyc....

Note that the sources are from the NYC Rent Stabilization Code which you can look up at:

http://www.tenant.net/...

Additional resources include the NY landlord tenant statute. Note Section 234 which may give you the possibility of recovering attorney fees:

http://codes.lp.findla...

And here's the state law regarding security deposits:

http://codes.lp.findla...

I agree with Drew about sending her a copy of the applicable statute or code.

But I would also suggest completing the Florida small claims complaint form for the county where she lives, attach it to your demand letter, and give her a deadline date to pay or be sued.

Don't bluff.

If you threaten to sue and you don't sue if she doesn't pay, you'll never see your money again.

VERY helpful info, thank you! 

My lawyer friend is going to send her a letter demanding payment by the end of the month, otherwise we'll go forward with small claims court.  Hopefully the letter will be enough and this won't have to go any further.

Thanks again!

Problem with a suit is FL is that you most likley need to be present and that can be costly in light of dubious sollection odds even if you win.

Hi again - just wanted to send a quick update.  I had my lawyer friend in Miami write her a legal letter saying she had 2 weeks to pay or we were going to file in small claims court and on the last possible day, she finally paid us the money owed in full.

Had I known all I needed to do was send her a letter to make her pay, I would have done it a long time ago!

Anyways, thanks a bunch for your help.  Very much appreciated!  :o)