Landlord/Deposit Issues

[jjwithrow]

I have a problem(s) and was hoping to get some input. I moved here with my wife in June of 2005. I have lived my entire life in WA State, and am new to NY. I don't know landlord tenant laws over here, or what my landlord can get away with. So here is my story.

We moved into a duplex on July 1, 2005 on a month to month lease. The landlord did no cleaning, and the six people we had help us move also helped us clean stuff like moldy food out of the cupboards, used QTips off the bathroom floor, old food out of the oven and even cleaned under the busted couch and dresser that were left behind. The landlord pointed out several problem areas when I was walking through (there was mold growing on the wall in the bathroom, the sinks didn't drain properly because of the previous tenant, etc). There was not one thing that was clean in the place when we moved in. We spent a week cleaning and painting the entire place. We were on a month to month lease, and he asked for 30 days notice before we moved out. We both got sick because of the mold in the bathroom that he had promised to repair, along with the broken screens in the living room that he was "on his way over to replace". Long story short, we found a new place, and moved out. We cleaned everything when we moved, including all the carpets (which weren't done for us) and the rest of the house.

He had agreed to meet me at the house at 10am one morning to do a walk-through. He arrived at 8am, did it by himself, and then changed the locks. When he finally called me at 11, he yelled at me, saying that we didn't clean the house to his specifications. He never gave us any type of list that he wanted, nor was it in the lease. He told me he has 15 days to return our deposit to us.

Now, we received a letter from him 35 days after moving out, and 70 days after giving him notice.
He charged us $10 per window to clean, $400 for carpet cleaning, $90 for cleaning the oven, the list goes on, and totals $1690 for expenses. He is refusing to show receipts or invoices for any of this work, none of which was done prior to us moving in.

I know that he had sold the duplex with the provision that both parts of it were occupied. Once we moved out, the buyer backed out, and now it is still on the market. I know that he is doing this out of retribution, but need to know what my rights are.

Can anyone help me, or at least point me in the right direction? I am new to this state, and don't want to get screwed on this deal.

[Aubergine]

Search the forums for "security deposit" and you will probably find the answer to your questions.

Obviously, the LL cannot recover damages if you return the premises in better condition than you found them. You may need to threaten to bring a lawsuit in the town or village court, or actually do so, before you get your money back.

[Downtown]

Write the LL that you expect a full refund of deposit within 10 business days(that there was no damage and apt. returned in better condition than received) or you will sue for recovery. Send RRR.
Then file in Small Claims. Bring lease, proof of deposit...hopefully pics of apt (both before and after). Receipts for carpet cleaner. Witnesses if possible.
LL will have to provide receipts as well as evidence to prove expenses and damage.
Pics and witnesses can provide proof that apt. was already shabby. [This is why so important when moving in that existing damage be noted on lease.]...pics and witness will also show that apt. was cleaned.