Landlord demanding damages claims not returning deposit

[seang]

Hi,

We rented for two years at an apartment complex in Long Island NY. Three months after vacating the apartment we received a list of damages and instead of returning my security deposit of $1600+ they are demanding that we pay them instead $1200 for damages, in addition to the security deposit.

They are claiming $550 for an old used stove, $250 for a microwave. Both were working when we left. stove may have some minor scratches due to use, but it was certainly not damaged. Microwave was working fine, except for minor scratches and a crack in the ventilation grill. They are also claiming $700 for cabinets and counter tops, which were absolutely in good condition barring minor scratches and stains. There were claims for $500 for blinds, which were working may be slightly dusty. They are claiming another $300-500 in cleaning and bathroom vanity and medicine cabinet, which were already reported to them for repair which they never undertook.

I think they don't want to return our security and they have been unjust and inflated their damage assessment. What should I do ? Unfortunately I don't have any pictures to prove my case. This seems to be a big corporate and I don't know how to handle this situation. Is there an chance for me to get my security back ? Where can I go to get a lawyer ? How much will it cost me to sue them ?

 

[army judge]

In NYC, a lawyer would charge you at least $2,000 for a case of this nature (maybe even more).

You're right, they are trying to rip you off!!!

Did you do a walk though with the apartment management when you vacated the unit?
Did they provide you with a checklist at that time?

If not, you have almost no chance of getting your security deposit back or eliminating the extra charges.

Even if you had picture or a video of the unit the day you left, that would help.
If you had a check list you did and mailed to the landlord, that would help.

Barring some PROOF on your part, get your check book ready.

You might offer them a settlement in compromise to make them go away.
But, if they agree, get it in writing before you pay!!!

They want $2,800.
If you offered them $2,000 in cash to settle the charges, they might take it.
Tell them (if you decide to do this) that you only have $2,000.
If they agree to take it, you'll give them a cashier's check.
On the back of the check, above the endorsement PRINT or TYPE the following:

ACCEPTED IN FULL AND FINAL SETTLEMENT OF ANY CLAIMS AGAINST ME, XXXXX XXXX, FOR MY APARTMENT AT: 123 Main Street; APARTMENT 123; BIGTOWN, NY 12345

Before handing them the check, if they agree, ask for a receipt from them with the hereinabove phrase on the face of the receipt.

Otherwise, get ready to pay the $2,800 or have them hound you and keep you from renting easily in the future.

http://library.findlaw.com/1996/Jul/1/127766.html

 

[jharris352]

Army, I have to disagree with you on this one.

The landlord has the burden of proof here. Now, they can cause a bunch of damage to their property and blame it on you I suppose, but I don't think that is what is going on here. They will have to "show the damage" to the court, you don't have to show that the apartment was in good shape. Now it would be a good thing if you had a walk through or pictures to bolster your case.

I would sue in small claims court. No big company likes small claims court because win or lose they have to hire an attorney and if you lose you can appeal to a court of record and they have to do it all over again. I'll bet if you send a letter to their registered agent informing them that you are going to sue in small claims court they will come to you to negotiate. Demand your deposit back or sue. I think you are in good shape.

 

[mightymoose]

Three months is a long time. Most likely the landlord is beyond the time that they can keep your deposit. They typically only have a few weeks to provide you the itemized list of damages/repairs.
Not only do you not have to pay them the $1200, they owe you your full $1600 deposit. Since they did not return your deposit in a timely manner you can likely collect damages as well- possibly double the amount of your deposit.

You should demand, in writing, your full refund and threaten civil action if there is not a prompt response. If they don't refund your money voluntarily then you can likely recover more than the $1600.

 

[army judge]

What are the time limits for returning security deposits?

The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

Usually, a 'reasonable' amount of time is in the neighborhood of 30-60 days; however, the definition of 'reasonable' is not up to you or us to decide.

Ultimately, the return of your deposit would be decided by the Attorney General's Office or a Small Claims Court judge. If you feel you have exhausted attempts to get your deposit returned through your former landlord, you may wish to contact the New York State Attorney General's Office at (212) 416-8000.

For more information on small claims court in New York City, see these two resources here and here as well as this guide (in pdf format*) on recovering rent security deposits and interest in Small Claims Court.

http://www.housingnyc.com/html/resources/faq/security.html