Security Deposit
Thank you all in advance for your help, I greatly appreciate any advice. My wife and I recently left a 2 bedroom apartment in Park Slope after living there for 1 year. Our rent was $3200 per month, the security deposit was $6400. The landlord just returned our security deposit – minus $2500 for damages….
Thank you all in advance for your help, I greatly appreciate any advice.
My wife and I recently left a 2 bedroom apartment in Park Slope after living there for 1 year. Our rent was $3200 per month, the security deposit was $6400.
The landlord just returned our security deposit – minus $2500 for damages.
The apartment was in good condition when we left. I even went to the trouble of spackling over the holes where we hung pictures. I filmed the walkthrough with a video camera – the apartment looks immaculate.
However, in my landlord’s opinion, the apartment was dirty. Because of the work I did (filling the holes from hanging pictures), he said he had to have the entire place painted.
Also, he accused me of damaging the floors – ancient wide plank pine which were in mediocre shape when we moved in.
Here are the charges, no receipts were included.
Labor – $900
Supplies $160
Floor – $525
I was also charged for damage in the hallway. Our movers scratched the walls and the bannister in a few places- this cost us $800 in labor and $135 in supplies.
He also charged us $300 for carpet outside our door – I never noticed a problem there and it wasn’t pointed out in the walkthrough.
I believe we were overcharged for normal wear and tear.
Also, we endured construction for several months on renovations to the apartment beneath us (all of which was done without permits, by the way). This is why I doubt there will be receipts.
What do I do? Needless to say our landlord has issues, it’s really sad actually and it’s almost worth eating $2500 to never have to deal with him again, but I have a strong sense of right and wrong and this is simply wrong.
Thanks,
HCB
To add to my original posting – some of the damage in the hallway (and I use that word lightly – with the exception of two spots on the wall, the scratches and scrapes have to be pointed out otherwise you’d easily miss it) was caused by the previous tenant.
The landlord said that he had already charged the previous tenant for the damage so I would only be liable for 2/3 of the damage – what he considered my doing.
So, my question is this, what if none of these outrageously priced repairs are even taking place? Does the previous tenant know that their deducted security deposit was sat on, and never actually applied to fixing anything?
Denton:
“By the time you get him to housing court the lease would be up and the judge would order you to accept the security deposit as back rent.”
Maybe.
Or, you let the tenant live out his deposit. Then he decides not to move out. And still doesn’t pay rent. THEN you begin eviction, but you’re now two months behind where you would have been if you began eviction when he decided to live out his deposit. And you don’t have any of his money left.
BTW, see also: http://www.housingnyc.com/html/resources/attygenguide.html, especially the section titled “Rent Security Deposits”.
I too do not agree with advice to withhold rent–rent and security are distinctly different, and withholding rent as a method of exiting apartment is a clear violation of your contract (lease), and will put you at deficit if you wind up in court. Start by using certified mail to matter-of-factly request receipts to support the charges by landlord. For information on security deposits, see: http://www.housingnyc.com/html/resources/dhcr/dhcr9.html
In terms of returning security, the key words for assessing your situation are: “At the end of the lease, if the tenant honored the terms and conditions of the lease and left the apartment in the same condition as it was when rented, except for normal wear, the owner must return the full security deposit.” When reading DHCR fact sheet, keep in mind that there are differing requirements concerning interest bearing accounts, etc. depending on building size, rent regulation, and other variables, so don’t be too quick to include new issues. DHCR fact sheet describes one remedy through Small Claims.
I, too, am a landlord & would discourage the withholding of rent – it’s illegal & unfair: you have entered into a contract & should live up to your own standards of behavior. I also go along w/ the idea of taking it to Small Claims Court (who tend to be on the tenant’s side.)
I almost always return all of the deposit even though it’s tempting to deduct for picture holes & other minor damage. Most painters aren’t going to charge for those fill-ins & they don’t take much time so, again, I have to live w/ myself & couldn’t justify nickle & diming someone who has been a good tenant.
I bet most small landlords are fair – in many cases we’ve established long-lasting relationships w/ tenants.
I though I would mention that small claims court is not a big deal and I think a great option in this case. If you can spare 1.5 hours, the city will send your landlord a scary looking letter from the city. The only time I was forced to use it, the day of the trail, I had a check messengered to me. No landlord wants to appear in court. It will give you a leg up in negotiating.
The advice to withhold rent is bad advice and would definitely bring an action on the part of any landlord who’s paying attention. The court outcome isn’t that important, if you get a judgment against you it will harm your ability to rent the next apartment you apply for.
That doesn’t mean the landlord is right, and from your description it sounds like a game of chicken.
There is no question you should file a claim in small claims court; document everything, bring your video, bring as much to support your case as you can. Sue for the amount withheld, plus any costs you incur, legal fees and otherwise. Go before a clerk, you’ll get heard quicker and you can always go before a judge if you can’t settle. Let the landlord state his case first, take notes, present your case, and refute what you heard as it fits. Get some advice from a landlord/tenant lawyer on the laws governing security deposits.
Also, if there are truly illegal renovations that were made, report them to the dept of buildings.
Truly obnoxious – sounds like a real asshole. But what the person said above it true – unless you know your landlord well, don’t pay last month’s rent. Ask for the deposit back and then pay it.
I think you’d have a strong case in small claims court. I would call the landlord and try to discuss with him (yeah right), then send a letter informing him that you plan to pursue the legal route. Repainting the apartment is generally part of normal wear and tear, and may even be required by law when a new tenant moves in (though probably never enforced), and the other things you mentioned also sound like normal wear and tear that should not be taken from the security. I am a landlord in a two family, and I think you’ve been wronged and should pursue this.