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Security Deposit Issue (Painting/Thermostat)

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Vycor

Member
State: NY
County: Nassau

My wife and I rented an apartment for one year. We recently moved out. The apartment was the 2nd floor of the landlords home. While we were there we had numerous issues with the landlord. When we first moved in he made us leave temporarily while he repaired the floors in our kitchen/living room. They were not sound-proof and he could hear us walking around. We were credited two days worth of rent while we were gone.
There were also a few times the landlord entered our premises without our permission. Once on our honeymoon, which we have on camera. The second was during the process of us moving out. When we were not there one day, he entered the apartment and set off our alarm. I was notified by him when he txt me asking me to remove the alarm and admitted to going into the apartment without our approval.

Now you see why we left.

Anyway, to the question at hand. I asked the landlord (or really the landlords boyfriend, whos been the point of contact during our stay there) when we'd get our security deposit. He said next week but there were things he had to replace. This was via txt so I called him to inquire. He said he had to replace the thermostat on the wall because it was not working. While we were there we removed the old thermostat and I used a digital thermostat. When we left, i put the old one back in. I actually did this a week before we moved out, while we were living there. The thermostat worked fine, otherwise we would have been cold. So I know for a fact it was working fine. When we left, we left the heat at 60 degrees. Now hes claiming he had to have a plumber come in and replace it... which is non-sense and BS, he just wants more $$.

Then he said he had to have the apartment painted. Which I don't understand. When we moved in he did not have the apartment painted, the ceiling in fact shows stress cracks (vaulted ceilings). So now hes claiming he had to have it painted, which is fine, but why should I be responsible for that. We did not damage the walls at all. We didn't drill any holes, we used existing hooks/nails in the walls to hang pictures, so no need to make any holes. He also said he had to hire a cleaning service to come in and clean the apartment.Again how is that my responsibility? We actually hired a carpet cleaner to clean the carpets prior to us moving in, we paid for that out of pocket. And when we left, we vacuumed the entire apartment and made sure it was clean. So again, i think hes trying to hang onto some money.

I feel he doesn't have any reason to hold anything. Painting/Cleaning is on him, there was no need for it either when we left, plus, he never painted/cleaned before we moved in, in fact the shower was disgusting and should have been replaced..

Any thoughts on this? What are my rights here, can he actually hold any of the security legally? Im told to wait till he sends a check, then go to small claims court, but what about legal fees/etc... if it comes to that?
 


BL

Senior Member
State: NY
County: Nassau

My wife and I rented an apartment for one year. We recently moved out. The apartment was the 2nd floor of the landlords home. While we were there we had numerous issues with the landlord. When we first moved in he made us leave temporarily while he repaired the floors in our kitchen/living room. They were not sound-proof and he could hear us walking around. We were credited two days worth of rent while we were gone.
There were also a few times the landlord entered our premises without our permission. Once on our honeymoon, which we have on camera. The second was during the process of us moving out. When we were not there one day, he entered the apartment and set off our alarm. I was notified by him when he txt me asking me to remove the alarm and admitted to going into the apartment without our approval.

Now you see why we left.

Anyway, to the question at hand. I asked the landlord (or really the landlords boyfriend, whos been the point of contact during our stay there) when we'd get our security deposit. He said next week but there were things he had to replace. This was via txt so I called him to inquire. He said he had to replace the thermostat on the wall because it was not working. While we were there we removed the old thermostat and I used a digital thermostat. When we left, i put the old one back in. I actually did this a week before we moved out, while we were living there. The thermostat worked fine, otherwise we would have been cold. So I know for a fact it was working fine. When we left, we left the heat at 60 degrees. Now hes claiming he had to have a plumber come in and replace it... which is non-sense and BS, he just wants more $$.

Then he said he had to have the apartment painted. Which I don't understand. When we moved in he did not have the apartment painted, the ceiling in fact shows stress cracks (vaulted ceilings). So now hes claiming he had to have it painted, which is fine, but why should I be responsible for that. We did not damage the walls at all. We didn't drill any holes, we used existing hooks/nails in the walls to hang pictures, so no need to make any holes. He also said he had to hire a cleaning service to come in and clean the apartment.Again how is that my responsibility? We actually hired a carpet cleaner to clean the carpets prior to us moving in, we paid for that out of pocket. And when we left, we vacuumed the entire apartment and made sure it was clean. So again, i think hes trying to hang onto some money.

I feel he doesn't have any reason to hold anything. Painting/Cleaning is on him, there was no need for it either when we left, plus, he never painted/cleaned before we moved in, in fact the shower was disgusting and should have been replaced..

Any thoughts on this? What are my rights here, can he actually hold any of the security legally? Im told to wait till he sends a check, then go to small claims court, but what about legal fees/etc... if it comes to that?
This is where a walk through list before moving in and a walkthrough list when empty when vacating , before and after pictures are important .

Read about security deposits here.

http://www.housingnyc.com/html/resources/attygenguide.html#1
 

Vycor

Member
We were never given a list for either thing, but I took pictures before we moved in, and after we cleaned up and left (i took pictures of every wall before we left). Before move in pics clearly show black lines on some of the walls and the carpets look worse then our "move out" pictures, indicating we actually made the carpets cleaner upon leaving
 

BL

Senior Member
We were never given a list for either thing, but I took pictures before we moved in, and after we cleaned up and left (i took pictures of every wall before we left). Before move in pics clearly show black lines on some of the walls and the carpets look worse then our "move out" pictures, indicating we actually made the carpets cleaner upon leaving
Then dispute the charges with the LL if need be by sending copies and demanding addition return if need be .

If need be take it to court .
 

Vycor

Member
My lease expired 3/1/2013. We moved out a few days before that. The landlord knew we were moving out. Originally he said he had no problem giving us the security deposit when we turned in the keys. The landlord's boyfriend lives with her and hes been the only person we've ever dealt with. So when I turned in the keys, SHE was not home, he was. So we turned in the keys to him. He said she wouldn't be home till later so we said "no prob you can mail a check here" and we gave him our PO box.

Then a few days later I asked if the security had been sent to us via txt, he replied back about the thermostat/painting/etc...

so heres an update, i basically sent them an email saying we've always been nice tenants, and took care of things and didn't live out our security deposit/etc... trying to be nice and handle it without legal actions, so i get this reply back:

"I dont play games. You live in a world that doesnt exist. I really dont give a rats ass what you think or say. The thermostat was not working. If my company does not bill me for it, I will not charge you for it, it is that simple. As of today, the service call was not posted so I cannot close your account untilll I have that resolved. As far as the painting and cleaning, I will not charge you for it as that is the cost of doing business. Please, do not quote law. You dont know **** about anything so stick to what you know."

Real nice right... this guys a real piece of work. So Im basically giving him till the 7th now to get me a check. I'll actually wait till the 10th to see if it arrived at my PO box, if nothing, im going to open a case in small claims court.

I left a voicemail on their home machine, which im hoping she hears, last night, asking her to call me as I had issues with the security deposit and her boyfriend. NO answer. I tried calling a few times today, nobody answered. At one point the answering machine said I could not even leave a message. I only have HIS cell phone number, not HERS. Looks like my means of trying to resolve this peacefully without the courts is not working.

What's amazing to me is, according to real estate records, this is a single family house, not a two family. SO I believe they may be renting the 2nd floor illegally. There is no second means of egress either, which I thought was code if you had an apartment (theres no fire escape on the windows or a rope ladder, we were on the 2nd floor). They also tried to get us to pay via "cash" at first. ALl payments were made to HER name, not a "company."
 

BL

Senior Member
My lease expired 3/1/2013. We moved out a few days before that. The landlord knew we were moving out. Originally he said he had no problem giving us the security deposit when we turned in the keys. The landlord's boyfriend lives with her and hes been the only person we've ever dealt with. So when I turned in the keys, SHE was not home, he was. So we turned in the keys to him. He said she wouldn't be home till later so we said "no prob you can mail a check here" and we gave him our PO box.

Then a few days later I asked if the security had been sent to us via txt, he replied back about the thermostat/painting/etc...

so heres an update, i basically sent them an email saying we've always been nice tenants, and took care of things and didn't live out our security deposit/etc... trying to be nice and handle it without legal actions, so i get this reply back:

"I dont play games. You live in a world that doesnt exist. I really dont give a rats ass what you think or say. The thermostat was not working. If my company does not bill me for it, I will not charge you for it, it is that simple. As of today, the service call was not posted so I cannot close your account untilll I have that resolved. As far as the painting and cleaning, I will not charge you for it as that is the cost of doing business. Please, do not quote law. You dont know **** about anything so stick to what you know."

Real nice right... this guys a real piece of work. So Im basically giving him till the 7th now to get me a check. I'll actually wait till the 10th to see if it arrived at my PO box, if nothing, im going to open a case in small claims court.

I left a voicemail on their home machine, which im hoping she hears, last night, asking her to call me as I had issues with the security deposit and her boyfriend. NO answer. I tried calling a few times today, nobody answered. At one point the answering machine said I could not even leave a message. I only have HIS cell phone number, not HERS. Looks like my means of trying to resolve this peacefully without the courts is not working.

What's amazing to me is, according to real estate records, this is a single family house, not a two family. SO I believe they may be renting the 2nd floor illegally. There is no second means of egress either, which I thought was code if you had an apartment (theres no fire escape on the windows or a rope ladder, we were on the 2nd floor). They also tried to get us to pay via "cash" at first. ALl payments were made to HER name, not a "company."
I don't know what Company you are talking about.

You received a response. Quit trying to contact them further.

Give the LL until the deadline for SD return then take the LL to court.

To note a thermostat change should have been requested and/or approved by the LL .

You admit changing it,now it's your word against the LL's of it functioning or not .

If there is a Co. involved in the replacement ,let the LL prove it had to be fixed/replaced.
 

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