security deposit withheld in sublet

[prock]

I sublet a NYC apt. from a friend for 2 years.He had lived in it 18 mos., & I asked permission to paint it with color prior to moving in. I was told by his wife that I had landlord's consent & that the paint would even be reimbursed.When I contacted the landlord for reimbursemnt, she told me that she only paid for white paint, and I let the matter go, calling it a miscommunication. My lease expired March 31st and I moved out. I have not received my security back from my friend for over 2 months, he was unable to move back into the apartment due to a job assignment abroad. He claims that the landlord is withholding his deposit to cover painting costs, and therefore he cannot return my deposit unless I resolve to pay for the cost of returning the apt. to its neutral color scheme. My understanding is that landlords are required to paint apartments every 3 yrs. anyway, and that security can only be retained for repairs beyond normal wear and tear, and yet the landlord wants to keep the entire deposit for the cost of paint as well as the labor involved. Additionally, wasn't the landlord required to present me with a list of alleged damages after I moved out? Had I been notified of any problems, I would have gladly enlisted my friends to paint the apartment with me, but I was made aware of the situation 6 weeks after I vacated. Please let me know what my rights are...Thanks in advance

 

[Tracey]

Talk to the NY tenant's association and they can give you the exact statutes, including how long L has to send a damage report. Here's the general law:

1. L can't charge for normal wear and tear. If L has to paint every 3 years or whenever the apt is rented, whichever comes later, then L has no "damages." L was going to have this expense anyway - it's not due to you.

2. When you asked L to reimburse you for the paint, L said only that she only pays for white paint. She did not tell you you couldn't put colored paint on the walls.

3. Painting walls yellow does not damage them, it just changes their color!

4. YOUR landlord was your friend. You paid your friend a security deposit (presumably what he paid L). Therefore, your friend had to send you a list of damages within a certain time or he could not withhold any of your deposit, regardless of whether any of his deposit was withheld.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.