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this is more of a general question - but since it relates to long island landlords, I figured i would post it here.
I suppose landlord can try to claim anything they want, when it comes to security deposit, but what should merit them keeping some of it.
I have heard that nail holes actually do not count unless the paint was in such good condition that it would not warrant painting anyway before the new tenant moves in.
Some degree of normal wear and tear should be allowed for everyday living and security shouldn't be used to get the apt into sparkling condition right?
I think it really depends on the landlord. If you were renting from a corporation in a multi-unit dwelling, I would expect that the nail holes would be general wear and tear, the cost of doing business, as these units are almost always renovated before going back on the market anyway. As long as the nails aren't 4" round :-)
On the other hand, if you're renting in a private house, I suppose it depends on the relationship you have with your landlord and his/her personality.
Personally, legal or not, I have always "lived out" my security as the final month's rent, to keep the upper hand. It may not be right but you never get ripped off and it really isn't worth pursuing on the landlord's part unless there is significant damage.
I have heard that nail holes actually do not count unless the paint was in such good condition that it would not warrant painting anyway before the new tenant moves in.
Doesn't the law require a new paint job for every tenant?
What? Yes. It is the law in other parts of the country.
Regardless, I've never NOT had a new coat of paint before I moved in, even up here, even with a landlord who sucked. In fact, the landlord who sucked painted over the electrical outlets.
Nail holes require to be spackled and sealed before painting. The tenant can fill them with tooth paste for all it matters, just as long as they are filled. If not, It will be listed and charged.
Personally, legal or not, I have always "lived out" my security as the final month's rent, to keep the upper hand. It may not be right but you never get ripped off and it really isn't worth pursuing on the landlord's part unless there is significant damage.
You may see it as not getting "ripped off", but by doing this you are actually ripping off the landlord. You are leaving him with no security for any damage that you have done. This is why many landlords are now requiring two month's security instead of one.
You may see it as not getting "ripped off", but by doing this you are actually ripping off the landlord. You are leaving him with no security for any damage that you have done. This is why many landlords are now requiring two month's security instead of one.
Respectfully, I don't think right and wrong comes into play here. I've had the unfortunate experience of having moved a lot in my life, and in my experience, your landlord is your best friend until the day you give notice. I've had landlords refuse to give security back because I was supposed to give 6 months notice, or say the check will be in the mail, or make up phantom damage. One guy even said he didn't remember me giving any security despite my showing proof. I am perfectly willing to step up and pay any damages if there are any. I always fix my nail holes and have left every place I ever moved from in better condition than when I moved in.
In the end, it wouldn't matter who was ripping who off, in either case, the only real recourse is small claim's court, and we know how that will play out, don't we? I keep the upper hand with my money and the day I move, the playing field is level. Makes for a more peaceful goodbye almost every time because of it.
Doesn't the law require a new paint job for every tenant?
I believe you are right. We had our apartment painted before we moved in (back in the day) and it was painted again when we moved out 2 years later. We took a copious amount of pictures to document the state of the apartment when we left.
Respectfully, I don't think right and wrong comes into play here. I've had the unfortunate experience of having moved a lot in my life, and in my experience, your landlord is your best friend until the day you give notice. I've had landlords refuse to give security back because I was supposed to give 6 months notice, or say the check will be in the mail, or make up phantom damage. One guy even said he didn't remember me giving any security despite my showing proof. I am perfectly willing to step up and pay any damages if there are any. I always fix my nail holes and have left every place I ever moved from in better condition than when I moved in.
In the end, it wouldn't matter who was ripping who off, in either case, the only real recourse is small claim's court, and we know how that will play out, don't we? I keep the upper hand with my money and the day I move, the playing field is level. Makes for a more peaceful goodbye almost every time because of it.
Right and wrong definately comes into play. I am not a big believer in moral equivalency. Actions are either right or they are wrong. A security deposit is just that - security. Failing to pay the last month's rent because the landlord is holding a security deposit is simply stealing.
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