What's the best response to a new landlord's request?

November 29, 2015 5:22 AM

The apartment building I live in, in Brooklyn, NY, was just sold to a new owner. My lease, which expires in a year, was signed with the old management, and is a simple, non rent-regulated, rental. There was -$0- security deposit; I didn't pay one, and my lease reflects that. The new owner/management team placed letters under the doors in the building today, requesting a two month security deposit.

I don't have the exact wording (a neighbor told me about it; I'm away from home), but I'm fairly certain that the owner doesn't have a leg to stand on.

I already know that the year until my lease expires will be a special kind of hell (the new owner is a notorious slumlord), but I'm wondering what my best approach here is.

Should I just ignore it, because I have a lease?

Should I answer it, and ask him to produce any sort of documentation which would compel me to pay him?

I have no intention of sending a check, and I've accepted that I'm moving on when my lease is up, and that I'll be lucky if my relationship is simply unpleasant - the rent stabilized tenants can look forward to outright hostility. What's my best way forward?

posted by anonymous to Law & Government (5 answers total)

Perhaps the request for a deposit is directed at those who intend to renew their leases? You really need to get the exact verbiage (and intent) of that letter.
posted by JoeZydeco at 5:55 AM on November 29, 2015

I don't know your local law specifically, but I'd be amazed if this could be applied to a current lease.

A quick google tells me that there are a number of tenants rights organizations in NY. This is what they're for.
posted by cmoj at 6:19 AM on November 29, 2015 [2 favorites]

Ignore until it is impossible to ignore such as if he knocks on the door. Then, tell him you need to talk to a RE attorney about the request and could he put it in writing as to what he wants and on what basis he is asking. That will all take months.
posted by AugustWest at 7:03 AM on November 29, 2015 [9 favorites]

Your apartment may also be rent stabilized. Sometimes landlords illegally turn rent regulated apartments into market rate apartments. Other times landlords overcharge for rent regulated apartments. If you are in one of these apartments, you not only are entitled to pay a lower rent, but the landlord will have to pay you back 3 times (treble damages) for all the rent you were overcharged!

Tenants have 4 years from the date they move in to file an overcharge challenge. It takes only a single phone call to get the rent history of your apartment. Call the Rent Infoline at 718-739-6400. The rent history will be printed and mailed directly to the apartment/building address.

http://www.dnainfo.com/new-york/20140227/lower-east-side/how-find-out-if-your-market-rate-apartment-should-be-rent-stabilized
posted by Sophont at 8:08 AM on November 29, 2015 [7 favorites]

Your lease is a legal document that sets out the terms of your residency in the apartment. If it says the security deposit is zero, your new landlord can't require you to pay one. It doesn't matter that the building has changed hands; the new owner has to honor the lease that you already have. Look on page 3 of the NY guide to tenants' rights here, under "Leases."
posted by wryly at 10:08 AM on November 29, 2015 [6 favorites]