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Landlord refusing to return security deposit false claims

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Landlord refusing to return security deposit false claims

Postby smitten » Thu Dec 18, 2008 6:53 pm

Dear Friends at Tenant.net:
Thanks for providing such a great service to your grateful tenants in NY. I have an issue with my former landlord. She not only refuses to give my security deposit back; she is saying I owe her money on top of the $1K deposit!
She claims she had to refinish furniture and floors that were already in shabby condition when I arrived.
I can say with 100% truth and conviction that her claims are unfounded (ie: she wants $300 to refinish furniture that I documented as pre-damaged.)
I moved out at the end of September. SHe sent me her list of 'damages,' handwritten and undated, at the end of November.
Is there a time limit in NYS as to when a landlord needs to inform a tenant of damage claims?
Also, her estimates for repair costs are absurd (ie: $40 to replace screws on a door). She is factoring her own 'labor' into that cost, and 'materials....gold screws, perhaps? She is too cheap to hire anyone and would be doing these 'repairs' herself. Is it true a NYS landlord cannot charge for personal hours spent 'repairing' a unit? Must she hire a contractor for repairs and provide documentation of costs? I believe the term for all this is 'out of pocket loss'? I would love to see the actual written law/case # on this.
And must the repairs be made, and invoiced to tenant, within a certain time frame as in other states? In PA, for example, the landlord has 30 days. Otherwise the deposit must be returned.
I left the house 'broom clean' and she is also charging me $180 for another cleaner.
And can she charge me for repairs she hasn't even made yet? I vacated 10/1. She still has not replastered walls--she's waiting for me to pay her to do it.
and finally--the house was so damp I could not get the drawers to one of the burueaus open to remove my clothes. The landlord gave a verbal
promise to return the clothing to me once the drawer got unstuck. I worry she is holding my clothing hostage until I pay her to refinish all her furniture (which I didn't damage).

So far I have only rec'd this handwritten 'invoice' from her. Do I even need to pay heed to an unsigned, undated letter? It was postmarked late november, as I said.
Thanks so much. I hope you can help, b/c I haven't been able to find any lawyers to give advice (there's nothing in it for them!)
I understand that in other states a landlord must return the security deposit within 30 days. My NYS lease simply said 'within a reasonable time". How does that translate legally?
Does she need to prove she has actually spent money on repairs within a reasonable time? I would LOVE be be able to reference laws in my letter of reply. This woman is very vindictive, and I am starting to suspect she is a little nuts as well. I believe a well phrased, cited letter would prevent her from making a claim against me.
Blessings! and Happy Holidays.
smitten
 
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Postby JohnMI » Fri Dec 19, 2008 10:11 am

Just to answer one piece, in New York (State, not City), the timeframe to return a deposit is, unfortunately, poorly defined. The law states that it must be returned (or kept and documented) within a "reasonable time." They don't give a specific number of days like most states. Reasonable has been found to be 30-60 days by courts in the past -- and probably even more in some cases. So, it sounds like it was borderline, but probably within the timeframe for most judges to allow.

I don't know on the other stuff, sorry. I did find this if it helps:

www.oag.state.ny.us/bureaus/real_estate ... _guide.pdf

- John...
[I am not a lawyer. This is not legal advice. Your mileage may vary. Look both ways before crossing.]
JohnMI
 
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