QUESTION
Is keeping the $750 deposit the right thing to do because he owes her $3,000 for totalling her car?
Asked on Sep 22nd, 2012 on Landlord and Tenant Law - New York
More details to this question:
My ex rents a studio in her home to a bum who totalled her car when he borrowed it last year. He doesn't work, lives off a depressed girlfriend and my ex brought him to court. She won a judgement maximum for $3,000 for the car, which he did not pay and had no plans to pay for it. She wants him out and she had him served to be out by 10/30/12. He said he'd leave by 9/30/12 and stop withholding September’s half-month rent if she signs a paper saying he'll get his $750 security back. I gave her my car because of him and bought another for $3,000. I told her to write the note and he must be out and her have the key by the 30th and he will receive his deposit the next day. I told her not to give it to him when he returns because she'll never see a dime of the $3,000 and let him bring her to court. He said he’d stay the extra month if she didn't write this and not pay for half of September either. I wrote it for her, said get the cash before he signs it. When he moves, change the lock and when he comes for the security, deny him. Tell him to use the courts now because he owes her 4x as much and won’t pay. Thank You.
4 ANSWERS
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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If he is entitled to the security deposit, she has to return it. She can't juxtapose one against the other. However, if she knows where his bank account is located and she has a judgment she can garnish the account.
Answered on Sep 28th, 2012 at 12:00 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I agree with you.
Answered on Sep 27th, 2012 at 1:09 AM
There at least two problems with your advice. First, state law says that a security deposit cannot be used for anything except damages and unpaid rent - it cannot be withheld because of some other debt. Second, the written agreement is a contract that a court may enforce. So, its entirely possible that a court would order her to repay the $750 even though he has not paid the $3,000 - and he might be resourceful enough to actually collect from her.
Answered on Sep 26th, 2012 at 11:54 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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If what you are saying is that person "A" has a $3,000.00 judgment against person "B," and person "B" has not paid it and person "A" has money in escrow from person "B" for equal to or less than $3,000.00 which is coming due to be released, and whether person "A" can withhold said monies in partial satisfaction of the $3,000.00 judgment, I would answer, without doing any legal research, yes. Moreover, person "A" should not sign anything but commence eviction proceedings immediately. However, have your girlfriend retain counsel for a formal legal opinion.
Answered on Sep 26th, 2012 at 11:54 PM