deposit - as usual

I live in New York and have been a month to month tenant in a two family for 5 years. I've been given a quit date of 12/31/00 and am nervous that the landlord will w/h deposit. Is there anything I can do now to prepare in the event? Are there any "major" things I should be looking out for? The guy lives upstairs.


Much Obliged.

I am not an attorney but am a landlord. I suggest that you take pictures of the rental and especially anything in question as to damages. These pictures would be your proof of the conditions after you moved out and the apartment is empty but before you relinquish the apartment to the landlord. I would not show pictures unless trouble arises. The pictures can limit the sensationalizing of any damages the landlord claims, would also show normal wear and tear, thus limiting your losses.

Now in my state there is a law that states that the landlord has a limit of 30 days to provide you with a your deposit refund or with a bill showing the detailed cost of any claimed damages. In my state if the landlord fails to meet the requirements within the 30 days then the landlord relinquishes any damage deposits and must pay you in full.
Also in my state it is my understanding the law states that if the landlord fails to meet the above mentioned requirements and the renter must file in civil court after the 30 days have lapsed then the landlord would be liable for any attorney fees and court costs also.

I would take the pictures no matter where you are at, best defense tool. I also advise you to confirm what the laws say in your area before you get to far into being committed.

Keep this in mind also when you move into a new residence. Take pictures of before you move in while empty and after you move in while empty. Best defense is an offense.

Hope this helps

Wg

[HomeGuru]

z

I would also do a walk-through with the L after you feel you have cleaned sufficiently. If L is not satisfied with something, this gives you an opportunity to fix it before you leave. If L is satisfied that home is clean and without damages beyond normal wear/tear, have L sign a letter. A signed property inspection report will be your best defense.