renters avoid this building

Correction: I meant to say that I lived there for about 4 years, and Security deposit took over 3 months. But the point remains.

Um, "good shape" isn't good enough to rent to a new tenant. I don't care how clean you are, new tenants demand a fresh coat of paint -- especially after five years.

NYCMatt - You are a right, but the LL shouldn't be charging the old tenant because they have to repaint. In all my years of renting, I have never been charged for painting upon moving out.

normal wear and tear. full deposit should be given back

>>Um, "good shape" isn't good enough to rent to a new tenant. I don't care how clean you are, new tenants demand a fresh coat of paint -- especially after five years. <<

Dead wrong. Prep for incoming tenants (fresh coat of paint, minor repairs) comes out of the LL's pocket NOT the previous tenant's security deposit. Unless Ben left large gouges or otherwise damaged the walls, he should NEVER have had money withheld for a repaint. Outrageous.

Did you have the walls painted yourself into some sort of expressive colors other than the standard white that it came with? If you left it as u got it with normal wear and tear u shouldn't get charged.

Just file a small claims suit. Your $1300 will be returned shortly thereafter. You should have done that long ago.

One other thing to know. If the LL failed to segregate your deposit (by commingling with his own monies, for example), he has done the civil equivalent of stealing your money ("conversion"). A tell-tale sign of this is the late return of the deposit. Another would be if he failed to send you notice of where your deposit is being held, which is requied by law and cannot be waived.

If this is the case, court precedent is that he return the money to you immediately with 9% per annum interest. Given the 4 years, this amounts to 36% of your deposit. This has to be paid back immediately, even if you've trashed the apt. The LL has to then sue yo get money back for damages.

>Just file a small claims suit. Your $1300 will be returned shortly thereafter. You should have done that long ago.

Yes

>One other thing to know. If the LL failed to segregate your deposit (by commingling with his own monies, for example), he has done the civil equivalent of stealing your money ("conversion").

Highly unlikely for a long-term, non-one-off landlord.

>A tell-tale sign of this is the late return of the deposit.

Or not

>If this is the case, court precedent is

This won't be covered in Small Claims Ct. so the suggestion is this tenant do what? Hire a lawyer? File in NY Supreme Court? Get his own subpoenas for evidence?

>This has to be paid back immediately, even if you've trashed the apt.

Immediately after winning this case, and then enforcing a judgment with the New York County Sheriff.

>The LL has to then sue yo get money back for damages.

So while the case is pending before the NY Supreme Court, the landlord brings counter suit. How much is allocated in the legal budget for this tenant?

As usual, you start with some fair advice and then go overboard to ridiculous impractical extremes.

The walls were white. I never touched them.

He also let the painters in BEFORE my lease was up. They destroyed by furniture, raided my fridge,thew my art on the ground, and stole boxes and bags of clothing. He would not even apologize. Then he charged me for that very same paint job.

Note that §27-2013 of the NYC Administrative Code requires that Landlords of units with multiple dwelling repaint every three years. I was there more than 3... so he had to repaint by law.

>and stole boxes and bags of clothing

Did you file a police report?

What ino said. File a small claims suit. I hope you took photos.

I don't get the comment by NYCMatt. I didn't read that the OP argued that the walls were in "good shape" and didn't need painting.

if you file in small claims court can other LL's find out your complaint when lookng for a new apartment?

Julia - yes. But in this case sounds like it might be work it.

That is a trade-off. It would be in the landlords best interest to just pay me my security deposit and move on. In court, I will be going for both the security deposit and a refund for my damaged/stolen goods. A simple apology would have gone a long way.