Space no. 02: 110 Partition St.
I moved from 190 Main St. to 110 Partition St. in March of 2019.
I'm being kind by calling it a dump.
The heat constantly went out, I had to have Central Hudson come and fix it weekly, the ceiling was falling down where it had been taped up and the floors looked like they hadn’t been cleaned in 10 years. The walls only had primer on them, and it wasn’t even done as a coat. It looked like a madman took a paint roller and just put primer in random places. But, I was not going to put any sweat or financial equity into the space because of what happened with 190 Main, and because I didn’t plan on being there longer than a year, which I was completely transparent with the landlord about up front.
The landlord at 110 Partition, while a nice guy, was a slumlord.
He was a slumlord who broke the law by giving me back my security deposit in the form of a bad check, as well as commingling and spending the security deposit I planned on using for 86 Partition St. It took me 4 months of asking, 4 months of “I don’t have it” for me to finally take him to Saugerties Town Court where the judge treated me like I was the scumbag. He told me, and I quote, “You are not to speak.” The landlord's wife was with him and they brought a money order - he was somehow magically able to come up with the money that he “didn’t have.” After the judge placed a gag order on me he said, “They have your security deposit, so I don’t know what we’re doing here.” The wife then said, “Right, we have it right here, I don’t know why we’re here either.” When I said to the judge that it took 8 months and me bringing them to court to receive it, that my landlord broke laws by writing me a bad check and commingling, he said, “Take it up in another court. I don’t deal with that here.” I'm sorry, I thought all courts dealt with the law. My mistake.
I left there feeling embarrassed and ashamed, like I had done something wrong. I walked outside, sat down on the curb and started crying. "What the actual fuck just happened? Why was I told not to speak? Why didn't he care that my landlord had broken the law and created a hardship for a small business owner in town?" The first of many questions I would find myself asking about the "justice" system in Saugerties, and many curbs I would sit on and cry.
I vacated the space at the end of February 2020. There was no lease agreement; I communicated that I was unsure as to whether or not I wanted to rent the space long term. I was a good tenant, took care of the space and always paid my rent on time.
I gave 30 days verbal and written notice when I decided to vacate the space.
I vacated fully on Feb. 29th and my landlord handed me a check for my security deposit in the amount of $1,250. I tried to cash the check multiple times, but I was told by the bank that they were unable to do so. I reached out to my landlord multiple times over the next 4+ months asking him when he could give me my security deposit back, only to be told he did not have it. I realized I was going to have to take him to small claims court if I had any hope of ever seeing my security deposit.
3 days before the court date, on August 23rd, my landlord's wife ambushed me at my store and said she had a money order for me. She asked what day I wanted to get it from her, and I said, “today". She said she would meet me at the courthouse that afternoon, however, I received a text not long after from my landlord saying it would have to be the following day. I told him I would see him in court.
Here’s a synopsis of what happened at court on August 26th:
When I got there, my landlord was there with his wife - who I could feel shooting daggers through me. She stared at me the entire time I saw in the waiting room; a friend was with me and she also felt the daggers. My friend: "Why is she staring at us like that?" Me: "I have no earthly idea but it's pissing me off. I think she's trying to intimidate me." My landlord was walking with a cane and talking to everyone at the court like good ol' boys do; I was waiting for them to start high fiving each other. I knew it wasn't going to be a pleasant experience, and that the judge was probably going to treat me like someone an outsider trying to exploit my landlord for my own security deposit. "Don't you see? He's walking with a cane! Times are obviously tough! You should just let him keep it. Shame on you for trying to get your own money back."
New York State law was not upheld and no consequences were levied against the my landlord for not returning my security deposit within 14 days of my vacating his space, which he is legally obligated to do, for writing me a bad check, or for commingling. My security deposit should have been placed in an interest bearing escrow account. It doesn’t matter that he *offered* it 16 weeks later, 5 days before a court date. Damages had already occurred.
He had use of my security for 4 months beyond when he was supposed to have returned it. I had to borrow money that I had to pay interest on because I did not receive my security deposit in a timely manner. I lost money on filing fees for having to take him to court. New York State LAW was not enforced by this judge. The judge would not even allow me to *speak* and explain why I feel I was owed damages.
NOTES: FOIA
The Freedom of information act:
The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request.
I was told that I had to call around and find my own transcriber to see what they charge per word to get a copy of my own court transcript.
Is it not the taxes that pay for this court system that helps keep that court system afloat? Did I not pay court fees to be in that court? And then I have to pay an additional fee to get the transcription of my time in said court?
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