Posted by Ken on November 20, 2000 at 22:47:02:
In Reply to: Moving out - LL wants to keep deposit for new paint job posted by Frustrated in Forest Hills on November 20, 2000 at 20:26:11:
I'm a bit confused regarding your deposit. Obviously you know what the amount is, so why the confusion over whether it was 1 month or 2 ? Is it that you thought you were paying for the last month's rent and 1 month's security deposit ?
Anyway, to answer your question, the matter is iffy due to the short time you have stayed there and the fact that you presumably are breaking your lease. I believe landlords are required to paint every three years, and leases usually require that the apartment be returned in the same condition it was delivered. That will be his arguement. To bolster your case, take photos of the apartment at move out which show that no damage or obvious stains on the walls.
If he going to withold part of your security deposit then he must send you an itemized list of damages that were done to the apartment and his expenses in repairing them. You can take him to small claims court for return of the deposit if you disagree (this is where the photos come in).
But the best solution is to avoid court altogether. If you can at all stay on speaking terms with him, do so. Shedule a "move out inspection" with him to return your keys and point out that no damage has been caused. If practical and necessary, use a bit of touch up paint to cover any glue on the walls. Ask for a return of your security deposit. If he refuses, let him know that you will have to take this matter to court, but don't argue further. Keep your leases and any documents you received from him. Good luck.
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