Security Deposit/Small Claims Court

[Jasz320]

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

I am having a problem with my old landlord reguarding my security deposit. During walkthrough stains wrere noted on the paperwork and were marked ok and I was told that i would be receiving my full security deposit back. When I received the security deposit 308 dollars was taken out for carpet cleaning and stain removal. The carpet is 9 years old and I got a copy of the invoice from the cleaners and they were charged 308 dollars for stain removal carpet restoration, streching out the carpet, raking and adding color to wear path and a few other things. I contacted the landlord and the attorney general that the landlord is saying there charges are fair. I also got a copy of the walthrough and you can see were they changed from the time I signed to the time I got it the deposit due back. My question is do i have a case to go to small claims court?

 

[treese]

When I received the security deposit 308 dollars was taken out for carpet cleaning and stain removal.

No, $308 was taken out for stain removal, restoration, stretching, raking and adding color to the wear path. You are liable for stain removal, only if you left the carpet stained. The landlord is attempting to pass on the entire bill to you.

The carpet is 9 years old and I got a copy of the invoice from the cleaners and they were charged 308 dollars for stain removal carpet restoration, streching out the carpet, raking and adding color to wear path and a few other things.

If the stains were there prior and you have documentation to back up that claim, you should not be charged. The restoration, stretching, raking and adding color are due to normal wear and tear. You should not be liable for these costs at all.

Personally, I'd fight the charge.

Your first step would be to send a letter of dispute and demand (certified mail, return receipt requested). Dispute the charge due to the stains being present prior to your tenancy and the other issues being caused by normal wear and tear. Demand that the landlord return the disputed amount (within a specific number of days) or you will file in Small Claims court.

If the landlord does not return the disputed amount, then file.

 

[BL]

You state you obtained a copy of the walk through and the document has been altered .

Do you have your original walk through copy also ,to compare ?

I agree with the above poster.

The LL can-not receive damages from normal wear and tear , stretching and the like .

If the carpet is 9 years old , depending on the quality , you may not be held to pay for stains anyways .

Although you have tried resolution with the OAG ,

Give the LL 7 business days after receipt of your RRR Certified mail .The Date the LL excepted the certified mail will be written on the receipt .

Here's a link to the laws about SD returns .

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

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

If you do not receive your deposit file in small claims .

 

[Jasz320]

Do you have your original walk through copy also ,to compare ?

No they never gave us one they just filled it out and had us sign. However you can clearly see where she wrote that the amount to be taken out was 0 then next to it in diferent pen she wrote 300 and the original total back was full security then it was altered to reflect new amount. I have contacted the Attorney General and they sent my claim to them, I just received the answer back from the landlaord stating that they are sticking by there decsion to withhold that amount.

 

[Jasz320]

Dispute the charge due to the stains being present prior to your tenancy and the othe

There was a red stain in my daughters room, not sure if it was there prior or not husband and his dad had the place before we moved in and there was a bleach spot in the living room again not sure. If they had just charged us for that then we would have been fine but they like a mentioned apove got us for stain remeoval, stretching, restoration, and removal of black deposits (i have no idea what those are).