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getting security deposit back in this market...

Started by calimero
almost 17 years ago
Posts: 12
Member since: Jun 2008
Discussion about
what is the rule for re-painting an apartment in NYC? I have lived in a new apt for 2 years and took great care of it, but my landlord wants to charge me to repaint the whole place arguing over small marks on the white walls. There is no damage or holes in the walls, just some faded paint and very minor marks from furniture. Isn't this normal wear and tear after two years? Should I be repainting the whole place for the next tenant on behalf of the landlord so that he can avoid paying a single dollar? Curious to hear people's thoughts on this!
Response by jasonkyle
almost 17 years ago
Posts: 891
Member since: Sep 2008

that sounds like bull. although landlords are only supposed to provide a new paint job every three years as per city rules.

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Response by drdrd
almost 17 years ago
Posts: 1905
Member since: Apr 2007

You should not be paying to repaint the apartment. I imagine, but do not know, that the provision of which jasonkyle is talking refers to repainting the apartment while the same tenant is in place; if the apartment needs repainting after your tenancy & only due to normal wear, you should not be responsible; that is the LL's cost of doing business. Call downtown & don't let the LL abuse you! Good luck.

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Response by kotu
almost 17 years ago
Posts: 10
Member since: Mar 2009

Absolutely not.
Have you paid your last months rent?
If you haven't simply don't.
If you have you might be out of luck.

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Response by calimero
almost 17 years ago
Posts: 12
Member since: Jun 2008

Thanks for the feedback, looks like I'm not being unreasonnable here... I have always paid my rent on time, including last month, so my options are limited. In case he doesn't come to reason, what should I do? Small claims court or maybe DA's office?

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Response by generalogoun
almost 17 years ago
Posts: 329
Member since: Jan 2009

Look for advice on http://www.landlordtenant.net/exitpage/RealEstate.php. That should take you to Landlord/Tenant.net. This problem should be fairly easy to resolve because the landlord is wrong. If not, Cardozo Law School has a Landlord/Tenant Clinic. They might be able to advise you about Housing Court.

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Response by MAV
almost 17 years ago
Posts: 502
Member since: Sep 2007

There is really nothing you can do when a landlord is trying to ste4al your security deposit unless you have pictures and are willing to fight them for in, likely in court.

I learned this when Related Rentals ripped me off for mine.

I am a landlord myself and would not dream of incorporating tactics they taught me.

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Response by Tils
almost 17 years ago
Posts: 18
Member since: Dec 2008

calimero, you are not being at all unreasonable. Your landlord has absolutely no right to your security deposit for normal wear and tear.

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Response by mets2009
almost 17 years ago
Posts: 87
Member since: Oct 2008

Check your lease. My apartment gets repainted every three years, at the landlords expense. They also send in a person to retouch the walls (cracks, nicks in corners etc.) all at no additional expense. now if I did some serious damage to the walls, that's a different call but that does not seem to be your issue.
Good luck

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Response by UES_Buyer
almost 17 years ago
Posts: 212
Member since: Dec 2008

Write a strongly worded letter telling them if you don't hear back from them within certain period of time (2 weeks) you will file a claim in smalls claims court. Take a lot of pictures. Small claims court costs like $25 and is very easy.

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Response by calimero
almost 17 years ago
Posts: 12
Member since: Jun 2008

Thanks everyone, this is really helpful feedback! I feel much better already.

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Response by drdrd
almost 17 years ago
Posts: 1905
Member since: Apr 2007

Yes, you want lots & lots of photos. Then take MORE photos on the day you move out then MAKE SURE THOSE HORRIBLE PEOPLE DON"T VICTIMIZE YOU !

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