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Can I take my Landlord to court, what are my legal rights?

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Can I take my Landlord to court, what are my legal rights?

Postby bundu » Tue Mar 24, 2009 3:49 pm

I’ve moved out of my apartment and broken my lease. My ll is charging me to paint and stated this is the requirement of a ‘bank inspection’ which I have since learned is a bogus story. I would like to know if there is a written NYC law against this or which covers who is responsible for painting an apartment. The apt original colour has never been changed, there is no damage to the walls (I never drilled holes for pics), and it was never painted when I moved in.
My lease states that in case of early termination, I am responsible for fees associated with ‘re-renting’ the apartment. LL pointed this out to me calling it ‘redecorating’ - term not used in lease- stating that painting was part of this. I’ve come to learn from the new tenant that the ll did not paint the apartment when she moved in, and didn’t think it was necessary. Exasperated, she eventually just did herself and they settled on him reimbursing for the supplies. And, that’s where I come in. I also found out that the quote for the supplies that he gave me was higher (by ten dollars) than actual prize which the tenant shared with me.
My issue: I believe all this was done after she secured the apt or after her move in date thus outside my own lease. Therefore, I can not legally be held responsible, right??I am devising a way to get these details in writing from the tenant.
The new tenant was to move in 15th of March. I assumed I would be charged per day for 14 days. Meaning the new tenant would have to pay for the remaining 17 days in the month. Splitting in half, which is what the ll has done, amounts to me paying more. Sounds petty, but it all adds up. I suspect it’s because he’s already charged the tenant for half month and needs the rest of my half. we had agreed that he would deduct what ever days were necessary depending on when a new tenant was to move in. so the 15th was not necessarily a precondition on our end. which has me question how he would have calculated if the new tenant wanted to move in on say the 7th and not the 15th?
Lastly, I have never received my signed lease for the year even after having asked for it twice from ll. The LL merely stated that it was the same as the previous lease and never sent. I was looking at the lease late last night there is a clause: the lease only becomes effective once the ll has handed back a signed (by both parties) copy to the tenant. Does this make everything, therefore, null and void? And, I can therefore demand that ALL my security deposit be handed over because I not bound to a lease?
Any help is appreciated.
bundu
 
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Postby TenantNet » Tue Mar 24, 2009 4:45 pm

Shouldn't this be a continuation of your previous thread? Why confuse people?
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