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Re: Non-Payment of Rent in Lieu of Security Deposit PS: To clarify, I live in NYC.

Posted by Barry on March 23, 1999 at 22:40:22:

In Reply to: Non-Payment Last Month's Rent in Lieu of Security Deposit posted by Barry on March 23, 1999 at 21:12:45:

I live in New York City. Now, bear in mind, too, that I have lived in this apartment since 1983! I have a brownstone floor-through. It has two living rooms, and I have a subtenant (who plans to leave by Apr. 30). My "housemate" put in a new bathroom floor, painted the bathroom, painted his living room and bedroom, generally improved that side of the apartment. The landlord was quite happy about this. My own living room was not painted, as promised by the landlord, last September, and has not been painted since I did it about 5 years ago. I have no "damage" to the apartment that I can see. But can the landlord claim every little nail in a wall, any hole? There are a few wall cracks, but they were not caused by me. It's just the building's age. And the landlord is aware of this. Perhaps she has no reason to have any ill will towards me, and won't try to fabricate damages. The only ill will she would have for me is for at times having stuff in the hall or in the roof stairwell that I was throwing out. "It's a fire hazard!" Okay. True. I got rid of it. More than once. But, otherwise, can she make a case that "damages" were caused by me over a period of 16 years, and withhold any portion (what portion) of the security? And what about (minor) floor scratches, due to moving furniture? I could use some wood polish/scratch cover on that. She has said she wants to vacate the tenants, renovate the building, put in amenities, and then increase the rents. But please really be more concerned with answering my question regarding eviction and/or putting any extension of my tenancy in jeapordy if I do not pay April's rent and just stay after the 30 day period. Would she sue me if I don't pay for April and tell her to use the security? Would she win? What would happen then? Maybe I'm just paranoid. Should I pay April's rent? Anyway, please go re-read the original post for the full story. And thanks for any help, and for reading all of this :).

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