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Old 09-05-2012, 03:15 PM
 
1 posts, read 1,353 times
Reputation: 10

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I moved out of my apartment in Bushwick halfway through my lease and subleased my room (in a three bedroom apartment with two other tenants) to another person. I had painted my bedroom while I occupied it, and prior to moving out, I offered to paint the bedroom back to white for the person who was about to move into it. He declined my offer, said he preferred the color, and told me not to worry about it. Now, six months later, we are due to receive our security deposit. The person who has been living in the bedroom I had previously occupied (which is 8x9) is asking for money from me, saying that he paid $150 in paint and supplies in order to paint the bedroom back to white (I spent less than $30 painting it a light color in the first place). This is on top of an additional $75 he owes me and refuses to pay. Additionally, he, and the other two tenants who remained in the apartment, are insisting that I pay them money out of my security deposit, because the three of them (as they described it) spent a long time cleaning the apartment and repairing damages. At the time that I left the apartment, there were NO discernible damages beyond some scuffs on the wall and holes from hanging paintings. This is a brand new building that we had occupied for six months, and I cleaned out my space thoroughly as well as maintained the apartment while I occupied it - at no point before, during, or after my move-out did anyone contact me about damages I specifically could have caused.

The point they're trying to make - I believe - is that because I didn't have to clean the apartment before they all moved out, I should have to pay them money. I disagree, and I find being "billed" for $150 in painting supplies (which I would have never spent on painting - and again, I offered to paint) and the time my ex-roomates spent cleaning - I find this unreasonable.

I know the $75 he owes me is a lost cause, and I understand that our management company may take money out of our security deposit - that's fine. I do, however, have two issues:

1. They have threatened to "not release" the entire security deposit until I consent to have a portion of mine redistributed to them. I don't get the sense that this is possible, but...is it? The building is run by a management company.
2. I have checked this issue with a number of other people and haven't had anyone disagree with my position, but I want to be thorough here - I'm being reasonable, yes? I'm not looking to screw anyone over - just feel like that's what's being attempted on me here.
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Old 09-06-2012, 04:25 PM
 
Location: Manhattan
24,421 posts, read 34,254,860 times
Reputation: 11935
Quote:
They have threatened to "not release" the entire security deposit until I consent to have a portion of mine redistributed to them.

The trouble with pronouns is that it is easy to lose the person or persons they pertain to.


How much security deposit did YOU pay and to whom? Who is threatening not to release this money? WHo is asking for your consent?

My best guess is that the ultimate solution will be that nobody will pay anybody and that willl be that. Nobody will go to court over $75 or claims for a $150 paint job. As for the rest of the "security deposit" I don;t understand the ins and outs of it. Presumably the original tenant paid it and he will or will not get it back from the owner. Presumably you paid this original tenant something and it sounds like you won't be getting it back. If you were to get it back you should have gotten it from the sub-sub-sub tenant who took over your bedroom.
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