Tenant BIG issues with landlords son

[SexyRioTan23]

What is the name of your state (only U.S. law)? New York. Ok, so I have been renting the upstrairs apt in a 2 family home for 3yrs. we(my boyfrind and I ) have been having problems with the landlords son, who lives downstairs with his girlfriend.They are total introverts.Strange people. Well, anyway, about once a month on a Saturday night only, we would have 2-5 frinds over , tops. NO wild parties, just watching a movie and talking, Not even loud music. the next morning, as usual, we get the crazy guy downstairs ranting and raving like a madman, sent me and my boyfriend text messages threating our lives, he's gonna beat us with bats, ect. Throwing lead pipes at the house toward our window,ect. so, we called the cops and he was arrested. we are being represented by the DA, naturally the landlord calls and says we must vacate the apt. so, we did, and the landlord and I did a walk through on my apt, which she nit picked evertyhing from a fridge that wasnt "immaculate" to small nails in the walls from hanging pics, so she will bot return my sec $998.00 Im taking her to small claims court 1/12. HELP!!

 

[Gail in Georgia]

Help with what? You're taking them to Small Claims for failing to return your security deposit. They have to show that keeping this was justified on their part, either for owed rent or damages above normal wear and tear.

Gail

 

[troubled13]

Agree with Gail. Unless they have extensive evidence, you should not have a problem.

 

[BL]

Was there a walk through sheet involved ?

Did you sign it with any damages listed ?

Did you get a copy , if the was a walk through sheet involved ?

Did the landlord provided a break down of the damages and cost ?

 

[SexyRioTan23]

Hi, response to BIG ISSUES WITH landlords son

Hi Bill, Thanks for writing back.
No, when we did the walk through, the landlord did not have me sign any damage disclosure or any document stating I had damaged the apt. My father came with me and met the landlord for the walk through, and at that time, she had no problem with anything she saw, but then called me the next day, said she had time to look at it closer, and nit picked. she never itemized anything. I have my court date jan 12 th. I just want to know,, what should i say to the judge ? will he take into consideration that we, as tenants, had to have her son arrested for harrasment ? will the judge take into consideration that everything she is doing is out of retaliation ? is that admissable ? Thanks !!

 

[BL]

Hi Bill, Thanks for writing back.
No, when we did the walk through, the landlord did not have me sign any damage disclosure or any document stating I had damaged the apt. My father came with me and met the landlord for the walk through, and at that time, she had no problem with anything she saw, but then called me the next day, said she had time to look at it closer, and nit picked. she never itemized anything. I have my court date jan 12 th. I just want to know,, what should i say to the judge ? will he take into consideration that we, as tenants, had to have her son arrested for harrasment ? will the judge take into consideration that everything she is doing is out of retaliation ? is that admissable ? Thanks !!

The question was answered .The LL will have the burden of proof of his/her/their damages .

You should have taken pictures also .