NYS-Can landlord withhold security deposit based on allegations from previous lease?

[Sarah1987]

What is the name of your state (only U.S. law)? New York State

Hi Everyone!
Can my landlord withhold my security deposit based on alleged issues from a year before with previous lease?

I have signed a lease to rent a place from 08/2015 to 05/2016. I had to pay rent in full before moving in and a $500 security deposit. From May to August the place is rented as a summer house to other tenants so I vacated the place from May 2016 to August 2016. I have signed a new lease to renew rent from 08/2016 to 05/2017. The landlord kept the initial 500 security deposit as a deposit for this second lease. No deductions were claimed.

At the end of the second lease term, on May 2017, I left the place in perfect condition and very clean, even cleaner than when I got in. However, the landlord wants to deduct money from my security deposit based on "cleaning issues' from previous checkout in May 2016. The landlord claims that the place was not as clean the year before and that some items were allegedly damaged. Not only I have not caused the issues the landlord is claiming, I was never notified about any issue at the end of the first lease term.

Side note, the landlord deposited the security deposit in their personal bank account.

Thank you in advance.

 

[FarmerJ]

Did you take exit pictures to show the units final condition ? As to LL trying to take money he claimed you owed from in the past I guess if you were to sue him for its return your argument should be that if the LL had any issues or damages from before then he should have contacted you before agreeing to have you again as a repeat customer a second time around since that really was a whole new lease as in a whole new tenancy. I suggest you cease doing business with him , I don't think he is being very fair and if it was me I think id rather make him deal with a property that sits empty all winter or deal with the risk that some other tenant will refuse to leave at the leases end and disrupt his summer season top dollar income!

 

[Sarah1987]

Did you take exit pictures to show the units final condition ? As to LL trying to take money he claimed you owed from in the past I guess if you were to sue him for its return your argument should be that if the LL had any issues or damages from before then he should have contacted you before agreeing to have you again as a repeat customer a second time around since that really was a whole new lease as in a whole new tenancy. I suggest you cease doing business with him , I don't think he is being very fair and if it was me I think id rather make him deal with a property that sits empty all winter or deal with the risk that some other tenant will refuse to leave at the leases end and disrupt his summer season top dollar income!

Hi!
Thank you very much for the answer.

I have photos and videos from the most recent checkout (end of the second lease term- and the last one). The landlord couldn't argue the cleanliness of the place and that is why they are bringing up the first lease. I also have photos from check in showing that the place was not as clean as the landlord is claiming.

 

[xylene]

Your landlord is operating illegally with the bank account and is clearly a scumbag and you should sue in small claims over this.

In the future, consider avoiding a landlord who charges 9 months all at once.