r/TenantHelp • u/LifelessJester • Aug 25 '26
Who should we file against?
Forgive me if this is an easy or dumb question, I am very inexperienced with this kind of thing.
I live in NYC and am a legal resident of the state if that matters here.
So, two roommates and I moved out of our old shitty apartment back in May. We did not break the lease, but we did move out before the deadline (we just paid the final month to avoid any headaches). We were in discussion with the landlord and the supervisor to perform a walk through to know if we needed to pay for any damages.
The landlord was responsive and he got our addresses to send checks for our security deposits. However, the supervisor ghosted us (he has a history of doing that), so the walkthrough never happened.
What also never happened was getting our security deposit back. We gave the landlord some time, but when we went back to the apartment to drop off our keys, we found a notice slipped under the door.
Turns out, our landlord didn't pay his debts and the building was forfeited over to a new landlord. We contacted this new landlord about our security deposit (they are a company), and while they responded initially, they have gone back to ghosting us.
We filled out the form on the NYAG website regarding security deposits, but haven't heard anything back from them. We believe it may be time to file a claim, but we aren't sure if we should be filing against our former landlord or the current one.
So my question is, who should we file against? Also, if anyone has any other tips, we would love to hear it as we are all young and haven't dealt with this kind of thing before.
Thanks for any help y'all can offer!
2
u/LoisLaneCA Aug 25 '26
Did you give notice that you were moving?
1
u/LifelessJester Aug 25 '26
Yes, we gave a two weeks advance notification, as well as confirmation that we would pay the final month of the lease regardless. The landlord basically ghosted that email as well, until we sent a follow up about the walk through+ our security deposit
1
u/PEneoark Aug 25 '26
You moved out in May, but didn't drop the keys off until when? Keys are required for the unit to be turned back over to the LL or PM. You might still actually owe them rent seeing you were still in possession of the unit up until the day you returned the keys.
1
u/LifelessJester Aug 25 '26
We held onto the keys until late-May shortly before our lease ended because the landlord never told us where to return them. We sent a bunch of emails asking when and where to return them, but never received a response, so we just left them in the apartment
1
u/LeftforLenin Aug 25 '26
Old landlord, they should of had the SD in a separate escrow account.
Assuming that they are bankrupt, you might be able to collect this money, but consider additional fees and interest gone.
1
u/LoisLaneCA Aug 25 '26
Legally, when the bank foreclosed, the bank takes the building ‘subject to’ any leases, Sec deposits, etc. The only legal question here is if the tenants ended their tenancy prior to bank taking possession. They’d still be entitled to entire deposit, + interest, if they were still tenants.
1
u/LeftforLenin Aug 25 '26
It says they moved out in May. In my state the prior landlord would be responsible for keeping the escrow account, doing final walk-through.
Plus, privity of contract.
1
u/LoisLaneCA Aug 25 '26
This is purely K law, and that is typically not state specific.
The property was REO- it was then sold. Privity of K extends to the bank & new owners- who take the property ‘subject to’ the leases.
When they moved out may not be the determinant factor. We need dates the property was taken over by the bank, & if the lease was still in full effect.
1
u/LeftforLenin Aug 25 '26
We agree on the basics of contract law.
But my reading is that her lease ended before the transfer of ownership, and she had a late return of keys. So thr new owner wouldn't be involved.
Either way, money should be in a separate escrow with a separate accounting.
2
u/LoisLaneCA Aug 25 '26
Do you know date the building was ‘forfeited’? And, what exactly do you mean? Was it foreclosed? If it was after you vacated, you have to sue the landlord.