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Security Deposit & Last months rent

  • Thread starter Help with Deposits!!!
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Help with Deposits!!!

Guest
My landlord is refusing to return my security deposit and last months rent. He states that he wants to replace the carpets for his new tenant (The carpets are 1 year old). I stated that the carpets just need to be steam cleaned thoroughly and I offered to do it, he refused and stated that my dog had urinated on the entire carpet. I stated that my dog had had some accidents but the area was in a 2ft. by 2ft. square and just needed to be steam cleaned. He stated that the entire carpet throughout the apartment needed to be replaced. I told him to get it steam cleaned and if that did not work I would pay to have the carpet in the living room (where the accidents occurred) replaced and I said that I would NOT pay to have the rest of the carpets replaced because my dog was never in there and they were in perfect condition. Despite this conversation he has scheduled the replacements of the carpet in the entire apartment. I feel that I should not have to pay for this, I will pay for the damages I caused but not for his "remoldeling" for his new tenant. Also upon signing the lease we gave him the security deposit along with the last months rent. We paid the rent for October, and we are moving out October 28th, he is refusing to release the last months rent we already paid. What actions should I take while I'm still living here??? I will be taking pictures of the carpet and I'm trying to get him to give me the receipt for the carpet when it was put in a year ago, but he refuses. I would not be suprised if he bought the most expensive carpet replacement carpet-does he have to replace the carpet with the same priced carpet?? Should I have a witness come in to look at the carpet, and should I take this to small claims court?? I live in New York, the amount of the security deposit was $1100 and the amount of the last months rent was $1100. Thank You!!
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Help with Deposits!!!:
My landlord is refusing to return my security deposit and last months rent. He states that he wants to replace the carpets for his new tenant (The carpets are 1 year old). I stated that the carpets just need to be steam cleaned thoroughly and I offered to do it, he refused and stated that my dog had urinated on the entire carpet. I stated that my dog had had some accidents but the area was in a 2ft. by 2ft. square and just needed to be steam cleaned. He stated that the entire carpet throughout the apartment needed to be replaced. I told him to get it steam cleaned and if that did not work I would pay to have the carpet in the living room (where the accidents occurred) replaced and I said that I would NOT pay to have the rest of the carpets replaced because my dog was never in there and they were in perfect condition. Despite this conversation he has scheduled the replacements of the carpet in the entire apartment. I feel that I should not have to pay for this, I will pay for the damages I caused but not for his "remoldeling" for his new tenant. Also upon signing the lease we gave him the security deposit along with the last months rent. We paid the rent for October, and we are moving out October 28th, he is refusing to release the last months rent we already paid. What actions should I take while I'm still living here??? I will be taking pictures of the carpet and I'm trying to get him to give me the receipt for the carpet when it was put in a year ago, but he refuses. I would not be suprised if he bought the most expensive carpet replacement carpet-does he have to replace the carpet with the same priced carpet?? Should I have a witness come in to look at the carpet, and should I take this to small claims court?? I live in New York, the amount of the security deposit was $1100 and the amount of the last months rent was $1100. Thank You!!<HR></BLOCKQUOTE>

L is not obligated to return the deposit or the rent to you while you are still in the property.
It appears that there will be a dispute over the carpet so protect yourself by taking photos, having witnesses, having a carpet inspection completed by a carpet cleaning company and sending L a certifed letter that you had intention of steam cleaning but L refused since carpet will be replaced.
Be prepared for the downside if the courts rule in L's favor.
 
S

shortyevans

Guest
You paid a last months rent, AND you paid Octobers rent (Oct being the last month?
Did you give proper notice? If not, you might not be able to recover your last months rent, because you would be obligated for November.
If you did give proper notice (Before Oct. 10- or 20 days prior to the end of a rental period [since your rental period would have ended on the 31st, don't expect a portion of Oct's rent]) You should then receive back your last months rent.
L. has the choice of cleaning the carpet, or replacing it. Your obligated to the cost of his choice, unless you can prove that cleaning the carpet would have removed all of the dog's accidents and is more cost effective than replacing, you have to pay for the new carpet. If the location of the spots is in a place that can be replaced by a professional without taking up the entire apt (in a seperated room or alcove) then you should not be responsible for the whole apt, UNLESS the original carpet cannot be found, and a patch cannot be made, then L is out the entire apt, and so will you. L will first attempt to collect after the work is done. If you have an estimate from a carpet cleaning company, pay that portion (if they could have removed the urine wo/effect) and when L takes you to court, use your best defense, and hope the Judge agrees, if he doesn't your paying the money, if he does, you've already paid. Then sue the landlord for harrassment, and if needed, your security deposit (plus whatever your state allows when it is intentionally withheld) and your last months rent. (IF YOU PAY ANYTHING PRIOR TO ANY COURT ACTION, REMEMBER TO PAY BY CHECK OR MONEY ORDER AND KEEP A COPY!!! "I PAID CASH BECAUSE HE WOULDN'T TAKE IT" DOESN'T CUT IT IN COURT.)
 

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