Advice? Security/last rent + dumb LL comments
Started by AvUWS
almost 15 years ago
Posts: 839
Member since: Mar 2008
Discussion about
So here is the situation. I am moving out of my apartment this month. It is rent stablilized but past the $2000 limit. Under market but not hugely so (rent now $2350, I expect market at $3000 - 3200) 1BR/1BA, P/T doorman building (paid by tenants), north of 96th. There is no significant wear and tear on the apartment. A few holes in the wall (drilled holes) but I could fill those in myself pretty... [more]
So here is the situation. I am moving out of my apartment this month. It is rent stablilized but past the $2000 limit. Under market but not hugely so (rent now $2350, I expect market at $3000 - 3200) 1BR/1BA, P/T doorman building (paid by tenants), north of 96th. There is no significant wear and tear on the apartment. A few holes in the wall (drilled holes) but I could fill those in myself pretty easily. It has not been painted by the LL in 10 years. Here is the crux. I just spoke to the LL while passing in the hallway. I mentioned that I wanted to talk to him about the security deposit. He must have misunderstood and said he couldn't rent the apartment mid month and I would have to pay through the end of the month. I rephrased and said I wanted to talk to him about a walk through and about recovering the deposit on the apartment. "Oh, the security deposit. We'll see, but don't count on it." (verbatim quote). I built out a beautiful closet myself. California closet type hardware inside what was a vacant portion of the room that had the frame of a wall built in. Custom sized bi-fold doors (92" high, 96" wide) with a real maple veneer. I have made a few other improvements but I don't really care much about them or value them. The question is what is my nest step? I KNOW he is planning gut the bath and kitchen. He sent in contractors while my wife was here and she had talked to them about it, so he can't be all concerned even about wear and tear. That he is assuming on his part that I won't get my security should I just withhold last months rent? That is not something I would normally do except for this conversation. Another option: I could gut the closet. I don't have ned for anything in it, but it galls me that he would AND not pay me my deposit. Also, if I know he started renovations before the month is out, has he not taken possession? would I not be entitled to both the remaining portion of the months rent and to the security? I am still steaming at this conversation. The chutzpah of someone to assume he won't return to you YOUR money. ONe thing to say "we'll see." But "we'll see, don't count on it."? [less]
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Do you know where the deposit is being held? Has he sent you notice or been paying you interest and having year-end tax statements to you?
Yes to all that. M & T Bank.
This is a large building. I believe they do things by the RS rules, but my concern is working within the rules but with bad faith.
I don't want to skip out on my rent, or to take the closet with me (that is more emotional, but real, feeling). I would rather make a deal. I believe I would be entitled to the security even if I took the closet, but I am willing to be reasonable.
I like the paper trail idea and calling his bluff with the courts. OF course, if you have better things to do, keep the last month based on his comments. The only thing worse than brokers is a sleazy landlord
Why don't you just talk to the LL again and ask him nicely clarify what he meant. Additionally, if he wants to renovate before the official end of your lease, you can definitely negotiate.
Tell him that you don't like surprises and that you want things figured out (how much deposit is returned, whether you'll allow him to renovate before the end of your term, the closet) before you pay the last month's rent.
Sunday - By all means that is my intention. But I am guessing I am dealing with someone used to taking advantage of RS tenants who leave with little knowledge of the tenancy law. I don't want to assume too much, but someone telling me they can't rent an apartme3nt in the mid-month while knowing they were going to spend weeks in renovation implies someone TOO used to having conventional LL excuses and for tenant ignorance.
I assume by "started renovations before the month is out" you mean that he's already talking to workmen. If you're already out of there, he can start work any time, of course, but it seems that you're still in there. After what he's said to you about the deposit, he's basically already told you to bend over. I don't like the idea of not paying the last months' rent, either, but since he's been kind enough to tell you that he's planning to screw you, perhaps using the security deposit as the last months' rent is the way to go. Good luck & let us know what happens, huh?
if you move out a day early and he begins to gut (and render uninhabitable) the apt without written permission from you, be sure to document with photos featuring date on that day's newspaper, lying in the rubble. and document that he gutted, if he does, and document condition in case you cant get evidence he guts.
you can use deposit for last month's rent, but youd better be anal re documenting everything--i had a collection agent come after me 5 years after leaving a Related building--i fedexed him a fat file with a nasty letter threatening to sue if there were any consequences to me based on his involvement--thk god i hadnt thrown out the docs--collect agent went away and no trace on my credit thkfully
Thanks guys. Yes, I know I need to document. I think it is pretty foolish on his part. I am leaving the apartment (RS LL's should kiss the ground when this happens, not be difficult) after I have improved it. The closet alone is worth far more than the deposit. The largest standard bi-folds are 36 x 80, so he would have to do new frame and sheetrock plus the doors, hardware and painting and labor; $500 minimum with the end result a MUCH inferior end product in both look and utility. A merely utilitarian use of the space, with custom sized doors, would be worth the $1800 out of which he is trying to weasle. And none of that includes the double clothes rods and shelves.
>if you move out a day early and he begins to gut (and render uninhabitable) the apt without written permission from you, be sure to document with photos featuring date on that day's newspaper, lying in the rubble. and document that he gutted, if he does, and document condition in case you cant get evidence he guts.
If you move out, you've given up your tenancy. Check your lease. The landlord can take posession if you've moved out. And if they have posession, you have no further rights of habitation, so why bother with this strategy.
Listen Av, the landlord has done you a favor here by alerting you in advance to a likely adverse course of action. Don't get all emotional about it, don't create a bunch of "gotcha" strategies like Wbottom's that will ultimately have no meaning (as indignant as it might make you). Take your photos, have a conversation with the landlord that you expect the deposit back and that they haven't painted in 10 years (they are required every 3 years if you ask) and you can indicate that some of the "damage" could be construed in a small claims court to be as a result of this non-painting. Hopefully the sensible conversation will lead to you receiving your deposit. If not, Small Claims Court is actually very easy and the burden of proof is on the landlord why he didn't return the deposit. Judges are pro-tenant unless you appear scheming (which is exactly what Wbottom's type of advice will get you).
Who gives a fk about the deposit? You saved $300k by not buying the last 3 years. Send the LL a bottle of Dom.
Give me his address, ill send him a bottle
But I understand petty. I hear you can buy bedbugs online.
Please check with your own attorney Bf buying bedbugs online.
Hunter - If the landlord takes possession, he also has no right to rent for the remainder of the month's rent, which he has clearly stated is his due (ergo he is implying he does not want possession). You don't get to have your cake and eat it too.
Likewise, if he wants the closet intact I presume he will have to negotiate that with me as well. What I am looking for is some defect in the following logic: That I can dismantle the detachable portions of the closet I put in and that I am ALSO entitled to the security (presuming of course that the apartment is in the same condition as I received it less any normal wear and tear).
(please note, that isn't what I am looking to do, but my understanding is that it would still be my right if I wanted to fight for it. I would be happy to just leave, get my deposit, and also possibly get any remainder of the month's rent if he starts doing work.)
AvUWS,
You smell trouble.
Start your own paper trail.
The only reason they might not screw you is b/c there's a paper trail.
Send a registered letter to the LL with questions about the deposit and their procedures.
Request a final walk through with someone authorized to make final decisions.
BRING A CAMERA. photograph every defect that they intend to charge you for.
Ask in the letter when they intend to send back your deposit.
Then you will be.......not worth their trouble to screw.
LL can spot a big time hassle far in advance. It will be most cost effective to send you a check.
I'm assuming you haven't F'kd the apartment.
Luck is the residue of design.
>Hunter - If the landlord takes possession, he also has no right to rent for the remainder of the month's rent, which he has clearly stated is his due (ergo he is implying he does not want possession). You don't get to have your cake and eat it too.
The landlord takes posession because you vacated. It's his apartment and you have no rights to occupancy at this point. I'm not sure were you get the idea that he has no right to rent for the remainter of the month, but you are wrong on that. Similarly, there's no pro rata refund for a partial month. Again, check your lease and you'll see this.
>Likewise, if he wants the closet intact I presume he will have to negotiate that with me as well. What I am looking for is some defect in the following logic: That I can dismantle the detachable portions of the closet I put in and that I am ALSO entitled to the security (presuming of course that the apartment is in the same condition as I received it less any normal wear and tear).
Was the closet built with the permission of the landlord? You are not entitled to alterations without permission. Again, check your lease - the rent stabilized leases are a standard form. The issue you face is that you leave some portion of the closet or all, and he could decide he doesn't want the closet and charge you for dismantling the closet. If he withholds some of the security, and then you take him to court he could provide photos showing that he didn't keep the closet and show that he had a cost to dismantle. If he keeps the closet intact after you leave, he'll likely be unsuccessful with that point and I'd estimate that you should prevail.
Good luck.
>Send a registered letter to the LL with questions about the deposit and their procedures.
At this stage, this is meaningless and there is no obligation to take any action based on a letter, registered or not.
>Request a final walk through with someone authorized to make final decisions.
It is a very good idea, but do it with a tone of cooperation, not as a demand. They have no obligations here either.
>BRING A CAMERA. photograph every defect that they intend to charge you for.
Very good idea
>Ask in the letter when they intend to send back your deposit.
Remember, they have a reasonable period of time to return the deposit. Could be up to 90 days. The letter sent before you move out is meaningless here.
>Then you will be.......not worth their trouble to screw.
>LL can spot a big time hassle far in advance. It will be most cost effective to send you a check.
That may be very true, and as falco points out and I said before, you have advance warning here, so use it to your advantage. Just don't create any harebrained scemes or do something intentionally damaging.
>Luck is the residue of design.
Agree.
Assumption is correct. ANything defective in this apartment was that way prior to my moving in. No, I don't have evidence from move in, but I could depose the super & LL if I had to. I know it was there prior. Some of it is chronic and has had to be fixed both prior to me moving in and again while I was the tenant. External leaks (bubbling walls & celing), reglazed bathtub & Sink are flaking (and had been when I moved in), other than that nothing I can think of. Oven and fridge are new. Junky and low-end, but new because the prior ones broke down and had to be replaced.
The only "major" thing I can even think of is the holes I drilled in the walls. 1/4" holes to hang shelves, but I could fill those myself if need be.
I mistyped remainder, for those of you who need it pointed out. Probably a couple other things.
Hunter - No intention to do something damaging. Read the OP. This all started when I asked him in the hall for just such a walk thru and the response was "don't expect the security". How does he know what to expect or not unless he is already considering not paying. The natural response in such a situation is to let's wait and see.
I have always been a good tenant and I believe in win-win scenarios. But I don't believe the LL does. I think they are so used to acting this way after generations of managing an RS building that they practically can't help themselves. Now that the building is slowly moving to market rent all they smell is money. The old standards by which they used to manage the building are changing. Nothing wrong with that, just don't be a thief, and no need to be a dick, about it.
I agree, and the facts are on your side and circumstances should be on your side if you act rationally and honorably as you say you will. Just don't come up with some cockamame (sp? googling this word doesn't seem advisable) rationale or scheme to do something wrong, that's all.
I would consult a RE attorney to make sure the legal bases are covered. Alternatively, you could contact the AG's office for help - they might give you some direction. I know of both LLs and tenants who were sued and found liable though they didn't do anything wrong. Their only fault was that they did not know the law. Even if you end up in small claims court, make sure you know the specific NY law governing the return of security deposits. You can try searching for the specific statute(s) and go "per se", but that's up to you.
My friend who is a NJ LL just got sued for not returning the security deposit after his tenants trashed the place. But because he didn't do what the law required, he was sued in small claims for double damages. In NYC, if it can proven, you may even be able to sue for treble damages. So maybe you WANT the LL NOT to return your sec dep??
If you haven't looked yet, you might start your DYI search here:
http://www.housingnyc.com/html/resources/faq/security.html
"Unlawfully withholding a security deposit or collecting excess security may be considered an unlawful overcharge for rent regulated tenants. If deliberate, aggrieved tenants may seek treble damages in an overcharge proceeding. You can reach the Attorney General at 212-416-8000."
NEVER ACCEPT LEGAL ADVICE ON INTERNET FORUMS - ALWAYS SEEK AN ATTORNEY - including me.
Good Luck
Good points Vintage.
Big Q. Deposit$$$ vs. Legal advice$$$
My RE attorney is $350/hr. and her second hand on her watch moves much faster than mine.
Lawyer time is like dog years.
Cover your bases. If it's big bucks, which I doubt, the advice could cost more that the deposit. Start being a polite nudnik, send the message that your going to document everything incase there's a problem. Greedy LLs are still business men and it's all about cost/benefit. Send the message that your really on top of this and the cost/benefit will curve in your favor. Ripping you off for let's say $1000 vs. endless hassles from you that could results in lawsuits and fines.
"...and her second hand on her watch moves much faster than mine." LMAO!