landlord security deposit issue - help! (apartments, rentals, appliances)

[amy_cate]

i'm looking for some advice regarding security deposits. i've researched online, but unfortunately am moving out of state after my lease is up and i'm afraid i won't be able to sue if necessary - well i could but it would be a lot more challenging.

what constitutes "wear and tear" vs. damages? how do you prove something like that? i understand tiny holes in the walls from paintings need to be patched and my living room repainted back to white. the previous tenants had left lots of holes which my landlord is aware of and my landlord did not paint prior to our moving in.

also, most ludicrous thing i've ever heard, our 2nd bedroom was a hideous shade of bright pink. our landlord said he left it that way because he figured we were a young couple and would have kids one of these days. ???? i'm not even getting into that in any more detail, but we did buy paint and repaint the room an eggshell white.

has anyone else dealt with similar landlord issues - proving something is wear and tear (faded, chipped paint - we have been there 2 yrs and who knows when it was painted before that) vs. what is a damage we are responsible for.

thanks!!
argh....

[scatman]

I'm getting a large chunk of my security taken out because (drumroll)......My 15 year-old stove and fridge weren't cleaned. I'll admit, I could have done a better job (at least with the inside of the stove), but them appliances are fifteen years old!!!!!!!! They are already worn. I could fight it, but it would cost more to do so!

He's gonna have to replace them appliances in order to get a new tenant in there, anyway! And please don't think that I have a Rick James attitude, puttin' his feet on Eddie Murphy's couch! ("He can get another one!") Eddie's couch was new! Them appliances I had were 15 years!

[penny18]

Normally, the security deposit is 1 month rent... and you will give 1 month notice for moving out.... therefore, i will notify the landlord that i am moving out and not pay for the last month rent. It's illegal for the landlord to kick you out without a court order but it will take the landlord months to get that. the landlord can't even come in to your apartment without your consent. In this case, you won't need to worry about getting the deposit back. Good luck!

[amy_cate]

you can't substitute you last month's rent payment for the deposit. you always, as required by law, pay the last month and get it back minus damages - that is precisely what my question pertained to, damages, and what constitutes a damage vs. "wear and tear".

[roseba]

Originally Posted by amy_cate

i'm looking for some advice regarding security deposits. i've researched online, but unfortunately am moving out of state after my lease is up and i'm afraid i won't be able to sue if necessary - well i could but it would be a lot more challenging.

what constitutes "wear and tear" vs. damages? how do you prove something like that? i understand tiny holes in the walls from paintings need to be patched and my living room repainted back to white. the previous tenants had left lots of holes which my landlord is aware of and my landlord did not paint prior to our moving in.

also, most ludicrous thing i've ever heard, our 2nd bedroom was a hideous shade of bright pink. our landlord said he left it that way because he figured we were a young couple and would have kids one of these days. ???? i'm not even getting into that in any more detail, but we did buy paint and repaint the room an eggshell white.

has anyone else dealt with similar landlord issues - proving something is wear and tear (faded, chipped paint - we have been there 2 yrs and who knows when it was painted before that) vs. what is a damage we are responsible for.

thanks!!
argh....

Welcome to NY, where the standards are just so much lower.

It's best to document everything, on video if necessary since LL tend to be very arbitrary, and often try to get you to pay for things that are there resposibility.... "Oh, I have to paint now" even though they didn't paint before you moved in.

Most people live out their last months rent, precisely because of stuff like that. (it is done on a regular basis in most privately own apartments in NYC.) Anyone who trusts their landlord to do the right thing... well everyone I ever knew, got stuck paying for 'damage' that they did not do, or upkeep that was the landlords responsibility, like painting every three years.

[lil chef]

Originally Posted by amy_cate

you can't substitute you last month's rent payment for the deposit. you always, as required by law, pay the last month and get it back minus damages - that is precisely what my question pertained to, damages, and what constitutes a damage vs. "wear and tear".

damages are things that are broken and were not when you rented the place.

[rlrl]

and older an item is there for and it appears you may have damaged it, the landlord is supposed to charge only a prorated amount based on the age of the item. For example, if an item of 5 years old was worth $100, and you cause an X amount (say $10) worth of damage to it, and it's life expectancy was 10 years you are supposed to be only charged maybe half of the amount of damage you caused. I recall seeing some type of formula online a few years ago with respect to wear and tear in rentals in NY. Perhaps your state has the same guidelines. Contact your rental office that governs your apt and ask them about the guidelines

I vacated my apt 2 years ago and i was asked to leave the apt in broom clean condition. I did but they they still charged me a $250 cleaning fee due to caked on grime/ dust on the floors and floorboards everywhere.

[Elvira Black]

Your landlord sounds like a putz, if only due to the pink bedroom bull****. I don't believe you would be legally required to repaint, as normally the apt would be repainted prior to a new tenant moving in, and it was not freshly painted when you moved in.

Your lease might give more insight into what normal wear and tear vs. damage would legally constitute. Perhaps you could contact the NY State/city housing authority or check out a pertinent website, or better still call 311 to get connected to someone who could tell you what the criteria is.

[straightshooter]

'wear and tear' and 'damage' will be fact-based inquiries in court. there is no bright line that anyone can give you here.

many landlords pull this crap, and the housing courts are familiar with the general problem. typically, you can go to housing court and argue the case yourself. this will save you costly attorney fees.

[Elvira Black]

Sometimes you don't even have to go to court--just filing papers may be enough to get the landlord in question to see "reason."