---

Posted by DK on January 29, 1999 at 19:19:54:

In Reply to: suing posted by Ed Buchet on January 29, 1999 at 04:24:58:

You are not responsible for any "reasonable wear and tear." For example, one would assume that walls, floors and appliances would have show signs of reasonable wear and tear that are completely normal after years of use.

You can always amend a complaint, but you have not provided any details which would show that you have a right to recover anything above your security deposit. Was there a breach of the warranty of habitability because of the failure to make repairs or to provide required services? Such a claim would give you the right to recover a rent abatement.

: I am suing my former landlord Kevin Gerard of Brooklyn for failing to return my $3600 security deposit. My wife and two kids moved out of the two family house which he also occupies in September of 98. We waited two months for him to tell us what part of the deposit he would return with no response from him. I proceeded to housing court. He was served and we will be in court on the 25th of March. last week he came by and asked if I wanted to settle out of court as it, "Would save all of us alot of time." He said he spent money on repairs. There was wear and tear but not I believe what he'll claim. I took a limited amount of pictures of the apartment as we left it. Has he given up his right to the monies by virtue of time at this point? I also considered ammending the suit to include harassment since there were several events both with myself and my children over the five years that I think warrant it. Is it possible to ammend the original suit?

Follow Ups:

• Re: suing Ed Buchet 1/30/99 (6)
  • Re: Suing DK 1/30/99 (5)
    • Re: Suing Ed Buchet 1/30/99 (4)
      • Re: Suing DK 2/01/99 (3)
        • Re: Suing Ed Buchet 2/01/99 (2)
          • Re: Suing DK 2/02/99 (1)
            • Will do, thanks DK Ed Buchet 2/02/99 (0)

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: You are not responsible for any "reasonable wear and tear." For example, one would assume that walls, floors and appliances would have show signs of  reasonable wear and tear that are completely normal after years of use.

: You can always amend a complaint, but you have not provided any details which would show that you have a right to recover anything above your security deposit. Was there a breach of the warranty of habitability because of the failure to make repairs or to provide required services? Such a claim would give you the right to recover a rent abatement.

: : I am suing my former landlord Kevin Gerard of Brooklyn for failing to return my $3600 security deposit. My wife and two kids moved out of the two family house which he also occupies in September of 98. We waited two months for him to tell us what part of the deposit he would return with no response from him. I proceeded to housing court. He was served and we will be in court on the 25th of March. last week he came by and asked if I wanted to settle out of court as it, "Would save all of us alot of time." He said he spent money on repairs. There was wear and tear but not I believe what he'll claim. I took a limited amount of pictures of the apartment as we left it. Has he given up his right to the monies by virtue of time at this point? I also considered ammending the suit to include harassment since there were several events both with myself and my children over the five years that I think warrant it. Is it possible to ammend the original suit?


Optional Link URL:  
Link Title:         
Optional Image URL: 

---