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security deposit

Posted by art1974 on March 11, 1999 at 15:40:04:

We moved out of apt in December 1998 in Broklyn, NY. When I was moving into it in Dec 1996, a previous tenant put up a wallpaper. I don't remember now how mgmt found that out, but they sent me a form saying that I should sign it and accept the ownership of the wallpaper.I did not sign that form. We moved out in Dec 1998 (this was a studio apt and I got pregnant, so the three of us would obviously need more space) The new apt happens to be in the same bldg, managed by the same corporation. I did not want to pay my last mo rent, but they refused to process application for new apt until I paid. So I paid rent and waited for my security deposit to be returned. In middle of Jan we get a letter claiming that due to the damages done, the deposit is withheld. The damages were wallpaper removal, extra painting (the apt has not been painted for at least 6 years)and extra painting in the bathroom. I wrote a letter, disputing each of these claims to the landlord. The bathroom wallpaint was chipped off due to the leak from the apt upstairs and we called repairman twice, but instead of repairing the upstairs apt bathroom, they were painting our walls! It has been almost two months since I mailed my dispute letter to the landlord and I followed up twice with phone calls. They have acknoweldged receipt of my claim and said that it is being processed.
Is there any limitation on how long the landlord has to review my dispute? I read that in Ohio, landlord has 45 days to initiate a court proceeding to recover a deposit from tenant. What about NY? I know about the State Attorney General complaint form and I would fill one out. I also know about Small Claims court but I really would not want to take time off work to go there, plus I am due in two months. Any advice?

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