security deposit

[atibbs]

I moved out of my former apartment on 2/28. Before I left, the new tenant came by and asked if I could leave as is the two walls I had painted without the landlord's permission. I agreed.

The landlord is now holding my $2500 security deposit, claiming that it will cost her $1500 to paint the two walls white again. She said that I can either pay for it, or get the new tenant to agree to be responsible.

Because the new tenant wanted the walls left, I talked to him and, after getting an independent quote to repaint the walls ($500), offered to pay him $250 if he would take responsiblilty for returning the walls to white when he moved out. He agreed.

After the new tenant gave the landlord a document stating that he will take responsibility, the landlord told him that she would also require an additional $1500 security deposit. He of course balked.

Now I'm stuck because I cannot get my security deposit back until this issue is resolved.

Any advice?

[mjr203]

$1500 to paint 2 walls?

I'd send her a certified letter telling her you want your security back immediately or you'll see her in small claims court.

She can't demand $1500 for painting 2 walls. It doesn't work that way. In the meanwhile, figure the approximate size of the walls and call 2 small painting companies to get estimates on the work, which I am sure will not come to above a few hundred ($500 seems a little steep honestly, unless they are really big walls). We are not talking about the sistine chapel here. Bring the doc you made with the new tenant as well. The arbitrator or judge (if you get to small claims) will take one look and give you a judgement for your deposit.

You should conduct your communication with the LL in writing (certified) so that you have a paper trail to show in court. If you left your apt in decent shape with no back rent there is no reason why you should not get the vast majority of your security back.

$1500 for 2 walls. The nerve.

(2 other notes: what color did you paint the walls? if you painting them a neutral color, I doubt you'll even be liable. Second, how long have the walls been painted? If you were there for a number of years, she may be responsible for painting the walls anyway which would mitigate the cost of returning those walls to white)

POINTER

<small>[ April 10, 2003, 10:48 AM: Message edited by: pointerout ]</small>