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So we moved out of our sublease apartment in Forest Hills. We had been told months ago there was water damage to the ceiling of which the super came to inspect. They told us they didn't see much besides a loose tile between the sink and tub. I contacted my landlord by phone letting him know they were there and what happened. He said just keep an eye on it. So we did.
Later we had them drop by again stating the people below were still complaining. They assessed the pipes and didn't believe there was any damage to the pipes causing this. We placed a towel between that area. It was never damp and never not there. I told him again that they came up and told us its not a backup in the pipes. He stated to make sure there was no overflow and that I kept the area dry. That he would stop
By sometime. Never did.
Next, two months before we moved out, the tenant downstairs asked me for the owners name and
Number which I provided. He said did I have time to take a look. The ceiling was bowed from water damage and cracking. He asked if he could take a look. I showed him the bathroom and he stated he didn't see anything that would cause the damage.
Now a week and a half after moving out, he states he can't give the security back because they say it's our fault and it needs to be repaired. He is doing Reno and wants to use the same guys that he is using now. I feel it's a setup. That either he waited too long and would be at fault so blame it on us. Or he knew there was an issue and we were the perfect fall. Either way, we have little recourse. We are stuck without proof since it was phone calls and text messages that are long one.
He is a thief. Like most landlords they hate like POISON to give back YOUR money once they get their hands on it.
Sue him in small court for treble the security dposit.
Write to the NY Attorney General and file a complaint as well.
(And these thieving landlords wonder why savvy tenants use the security deposit to pay the last month's rent. It is the easiest way to minimiize the amount the landlord can seal from you.)
It is clear that the landlord has problems with the pipes inside the walls and he would like to use YOUR money to fix HIS problems.
He is a thief. Like most landlords they hate like POISON to give back YOUR money once they get their hands on it.
Sue him in small court for treble the security dposit.
Write to the NY Attorney General and file a complaint as well.
(And these thieving landlords wonder why savvy tenants use the security deposit to pay the last month's rent. It is the easiest way to minimiize the amount the landlord can seal from you.)
It is clear that the landlord has problems with the pipes inside the walls and he would like to use YOUR money to fix HIS problems.
Well it's a co-op. But he was so non chalant about stopping over to take a look. I think he assumed it was some small issue, but the people below persisted. Even if there was something coming from our apartment, we had told him there was an issue and not once did he stop and take a look. He has stated he is ready to sell the apartment because he is done with renting.
How do you use the security deposit to pay the last months rent? Is there a way to actually do that?
Kefir, how can you make such a dumb statement like "most landlords hate like poison to giev back a security deposit." Are you really this small minded, bitter, and delusional? You think spread lies and a distorted view of Landlords is helping people? How about you put your unjustified hatred of all things Landlord to the side, and just provide helpful information.
Unless of course we just all complain about how Landlords are evil and greedy, and tenants are all users, deadbeats, and animals? Because according to you, that's all there is in NYC.
To the op, I would recommend discussing with the owner that you made them aware of the problem long ago and did not take care of it, therefore it is not an expense that is attributed to you. If they do not want to give back the deposit, just take them to small claims court. You will win.
I use to own a property management company and we managed property owned by 1 owner dwellings or industrial parks.
Tenants were allowed to use their security deposit for their final month's with a month notice in advance. After the tenant moved we would do a walk thru and anything beyond normal wear and tear such as large holes in a wall, torn carpets, broken appliances, etc. they were billed for.
Rules differ from state to state but I would certainly take it up with the Attorney Generals Office like the previous posted mentioned. Do not let this landlord get away with it.
Did you receive a yearly check for the interest earned on your security deposit. It's suppose to be put in a separate account for you only and any interest incurred goes directly to you. If you haven't you truely have a case against him.
He should of been at your apartment with 24 hours expecting the situation, seeing your walls were not wet. Any dummy would know there was a leak in one of the pipes!!!!
Kefir, how can you make such a dumb statement like "most landlords hate like poison to giev back a security deposit."
Easy,
I just keep a mental note of how very often tenants complain about landlords doing EXACTLY that...trying to steal the security deposit. They use various ruses like overstating damages or blaming tenants for things that are THEIR fault.
Just read the original post and you will see how it's done.
I know it is hard for landlords to BELIEVE that such shenanigans go on...even while THEY THEMSELVES are doing it. I think it has something to do with lobotomy.
Ok..and I just keep a mental note of how very often landlord's complain about tenants not paying rent.
They use various ruses and legal manuevers in order to be a deadbeat as long as possible.
I know it's hard for tenants to BELIEVE that such shenanigans go on, even while THEY THEMSELVES are doing it. I think is has something to do with lobotomy.
So we moved out of our sublease apartment in Forest Hills. We had been told months ago there was water damage to the ceiling of which the super came to inspect. They told us they didn't see much besides a loose tile between the sink and tub. I contacted my landlord by phone letting him know they were there and what happened. He said just keep an eye on it. So we did.
Later we had them drop by again stating the people below were still complaining. They assessed the pipes and didn't believe there was any damage to the pipes causing this. We placed a towel between that area. It was never damp and never not there. I told him again that they came up and told us its not a backup in the pipes. He stated to make sure there was no overflow and that I kept the area dry. That he would stop
By sometime. Never did.
Next, two months before we moved out, the tenant downstairs asked me for the owners name and
Number which I provided. He said did I have time to take a look. The ceiling was bowed from water damage and cracking. He asked if he could take a look. I showed him the bathroom and he stated he didn't see anything that would cause the damage.
Now a week and a half after moving out, he states he can't give the security back because they say it's our fault and it needs to be repaired. He is doing Reno and wants to use the same guys that he is using now. I feel it's a setup. That either he waited too long and would be at fault so blame it on us. Or he knew there was an issue and we were the perfect fall. Either way, we have little recourse. We are stuck without proof since it was phone calls and text messages that are long one.
Is the super in that building blind or just a dumb a$$? We had the very same issue when we lived in our apartment. Our bathtub was leaking downstairs causing the ceiling to bubble and then it started leaking. The super kept telling them downstairs that he saw no leaks with our tub and he too said there was no back-up. Anyway, the ceiling starts dripping more and more until the people downstairs had the super cut open the ceiling. Turned out there was a hairline fracture (no fault of ours) but for months the knucklehead kept saying our tub was fine.
I don't see how you can personally be responsible for old pipes that crack. Your LL should use his apartment insurance, assuming he has that, and cover the damage since it sounds like this is something due to old pipes and not done negligently by you. If you needed to, you can contact your cell phone provider and they should be able to send you copies of texts and/or logs as well as phone logs. If they left you messages and you deleted them, the phone company might be able to get you those as well.
Is the super in that building blind or just a dumb a$$? We had the very same issue when we lived in our apartment. Our bathtub was leaking downstairs causing the ceiling to bubble and then it started leaking. The super kept telling them downstairs that he saw no leaks with our tub and he too said there was no back-up. Anyway, the ceiling starts dripping more and more until the people downstairs had the super cut open the ceiling. Turned out there was a hairline fracture (no fault of ours) but for months the knucklehead kept saying our tub was fine.
I don't see how you can personally be responsible for old pipes that crack. Your LL should use his apartment insurance, assuming he has that, and cover the damage since it sounds like this is something due to old pipes and not done negligently by you. If you needed to, you can contact your cell phone provider and they should be able to send you copies of texts and/or logs as well as phone logs. If they left you messages and you deleted them, the phone company might be able to get you those as well.
Yeah, I'm pissed because my phone had a big mess up during an update where I had to do a total restore and lost those messages.
I spoke to him today, he wants 400 of the security deposit. He states that they looked at the pipes and they were fine and that when the maintenence people came, there was water on the floor. If there was EVER water on the floor, it was so little it wouldn't cause that much damage. I questioned him as to why he didn't come take a look at the issue after 3 times contacting him. He stated it was because two times before, we contacted him about something and it was nothing important. I didn't understand how the gas stovetop worked so I thought it was broken, he came to correct me. The other time we were both unnerved as to how much gas we were smelling when we turned on the oven. He came over and stated it didn't smell like it. It was a lot of burned gas type smell.
Besides that, we didn't contact him much. I had bill pay sending him a check every month so no contact there. He became upset and made it seem like we were always calling him for stupid or insignificant reasons as to why he didn't verify the issue. What I don't get is that this was presented to him 3 times, all because someone was complaining. He not ONCE took a look at the bathroom. His excuse, "well what do you want me to do, rip open the wall and look at the pipes?" and "I can't monitor your bathroom usage so I don't know how much water was on the floor". Maybe it was because of the tub, but not one person has specified where the water went. Was it a loose tile? Was it grout? Was it some crack we couldn't see? Where would this be our fault? We told him what they found and that it could be a tile, but he decided not to come over and look at it.
I would go to court, because none of his excuses will help his case. I recommend small claims court if he does not give you back the entire deposit, and tell him that upfront.
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