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velikaya

New member
When we moved in, an apartment was nothing like we expected.
It was supposed to be partially furnished and we would need the only bed. In reality, we needed way more than that.

She did not provide a move-in checklist and did not give us a copy of our lease with her signature on it until a couple months after. First few weeks, we had issues with our shower and she would constantly come to our apartment, even if it was not an emergency. At some point, she would just send us a quick message and would walk in into our place without even knocking or waiting for our answer.

Landlord constantly talked about politics even when we met her for the first time, which was extremely inappropriate because she had a very negative opinion about politicians that we liked. She would not remember my name even though we were living right next to each other and had to communicate on a regular basis. Every time she left a note, she would misspell it and I pointed it out, she got angry with me.

The shower was fixed only 2 months after when we decided that we didn't want to live there anymore. As soon as we notified our landlord, she stopped caring about our well being at all. She would schedule a viewing of the apartment very early in the morning on the weekends and would ask us to leave because potential tenants felt uncomfortable. I don't have a car so there was no way I would leave my place at 9 am on Saturday especially when it was raining. Unfortunately, she couldn't understand that it was making us feel uncomfortable and it was wrong. During one of these viewing, something was broken at the apartment. As I found out later, her husband came back later that week when we were not home and fixed it without even telling us that he needed to enter the apartment.

In our lease agreement, it was clearly stated that tenants were responsible for utilities only above 25$, but when it was time to pay it, she refused to pay 25$ herself and accept payment of everything above. She demanded to pay everything in full.

When we were moving out, we gave her a notice of 2 weeks before the actual date to confirm that we will leave the apartment at the specific time and would really appreciate if she could check it right away, because we had to fly to another country shortly after that. She did not respond until the night before and in her letter, she stated that it is up to her when to check the apartment and decide what was broken, and that didn't want us to be there during her inspection. I tried to talk to her about it, but she said that it was our fault we didn't have a move-in check-list and it was up to her knowledge to decide how much she would charge us for the "damage". We refused to give her keys until she provides the move-out check-list and sign it. Currently, we are still arguing about it because she does not want to have an adult conversation.

I don't know what to do and how to make sure that we get our security deposit back. It is the first time when I have such a bad experience. Please, I really need an advise.
 


reenzz

Member
This is what I’ve found under NYS law...

1. You are not entitled to be present for a move out inspection nor is it the landlords duty to provide a move in inspection.

2. You are required by NYS law to give a minimum 30 day notice to vacate.

3. NYS Law does has no statute that requires the landlord to give notice prior to entering the property. Regardless, you are not required to vacate the property.

4.. You are legally responsible to pay rent for your lack of proper notice and for failing to return possession of the property back to the landlord.

5. The landlord is not required to return your deposit or provide you with move out costs until 30-60 days AFTER you have turned in the keys.
 

HRZ

Senior Member
IF you overpaid LL for something in your lease like utilities you are entitled to seek correction of same.

You sort of didn't follow notice rules at,end.

LL bears burden of proof that damages you supposedly left are in excess of ordinary wear and tear.

Holding the keys hostage was not smart..de facto you failed to,surrender the unit ..rent meter keeps on running....uncool.

LL is not required to,have adult conversation but she is required to follow law and lease...as are you .
 

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