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Inflated Damage Bill

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H

Holytimes

Guest
I moved into a 4 month rental on May 28. Immediately I reported to my landlord both the pool & jacuzzi were not in order.
It took 4 weeks for the pool to be usable and the jacuzzi wasn't fixed unitl July 11. Also, I received a handwritten inflated damage bill w/no records or receipts. Only the landlords alleged charges totalling $3,750. No formal house evaluations were done either before the house was occupied or when we moved out, and most of the charges were cleaning costs.

Do I have a right to countersue because the pool and jacuzzi were not operational within reasonable time?

My state, New York , set their maximum Small Claims at $3, 000.
Where would the trial, last resort, take place?
 


abezon

Senior Member
I doubt you can countersue, since you paid the full rent without reservation.

LL has to prove all damages: how much it cost to make reasonable repairs AND that you caused the damages. Without a move in report, this is most difficult. Can you produce witnesses? Did you take photos?
 
H

Holytimes

Guest
Witnesses Yes, photos no

NY state law small claims court is set at a maximum of $3, 000.00 Where would the case take place? (I'd like to use it in my statement to him if possible)

What is the best thing to say to him?
 
S

sonofamoo

Guest
he would have to sue in civil court, but he would have to buy an index # to start a case and its now $185, to start the process....so dont say anything....

Let the landlord be shocked when he finds this out himself!
 
H

Holytimes

Guest
landlord wont stop contacting me

State = NY

I told him to keep the $2,300 sec. deposit, and that he has to prove that we caused the "alleged and inlfated" cleaning damages to seek the additional $1,500 he's trying to squeeze out of us. I wish I could post it. $450 to steam clean old, used pillows done by himself.

I also told him that moving in with a broken pool, broken jacuzzi and broken refridgerator did not help his cause. (All were reported within the first 2 weeks)

The conversation ended with him telling me he's expecting a statement of some sort, and that he would also work with me on it. Is this guy for real?

What to do from here?

Thanks to advance to all who have already applied and
to those who are about too.
 
H

Holytimes

Guest
PAST 30 DAYS

I've ignored the handwritten list of damages that my landlord sent me and its past 30 days.

His claims were unreasonable and accompanied know proof.

Is this case diminished since it is now past 30 days?
 
V

Votan

Guest
The handwritten statement of expenses is acceptable if it is itemized and supported by evidentiary material how the money was spent and whether it was received by the contractors. Stub of a check is not acceptable. Receipts must be signed and dated and specific. Make an arrangement with him to verify the repairs on the premise. As to the 30 days, what is the postmark on the mail he sent to you?
 

abezon

Senior Member
Ignore LL. If he sues you, countersue for your security deposit. If LL *mailed* the damages list more than 30 days after you moved out (and surrendered the keys), you MAY be able to sue LL for wrongful retention of a security deposit. However, I was unable to find a NY consolidated statute requiring LL to refund a security deposit within 30 days. Check the local tenant's union -- they will be able to point you to the proper law/cases.
 

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