Security Deposit

[Anna321]

I have a question regarding Security Deposit in NY. Tenant was month to month after 1 year lease ended... gave me 10 days notice he would be moving out at the end of the month, I advised him as per lease, he had to give me 30 days but we can work something out as long as he allows me to show apartment and that apartment is returned in the condition it was given. He ended up leaving 3 days after original moveout date and into the following month. When we did walk through in the evening, I pointed it out few things but I didn't make a big deal. Next day, I went to take pictures of the damages, and I guess of sunllight it was worst than originally noted, he put clear tape over a wall to keep the patch from coming off wall, and multiple walls with adhesive tape residue, Screw Holes all the walls AND in the Vinyl of the windows panels, the metal door. He didn't do any cleaning left Kitchen and bathroom filthy and grease all over. After receiving estimates for cleaning and repairs, it would cost me over $1,200. I was planning to return security but after the quotes, feel disrepected because no effort was made to return apartment to original condition., Throughout the lease, I overlooked few rules of no alterations to property without consent, adding extra appliances like air conditioner without consent, or charged late fees. But now I think he is expecting it? Can I enforce my rights now?

 

[adjusterjack]

Can I enforce my rights now?

Of course. Feeling disrespected has nothing to do with your right to apply the security deposit to damage repair and unpaid rent. He knows what he did.

 

[Anna321]

Thank you for responding. I was not going to hold him for the 30 day notice and the extra days he stayed, Would I be able to enforce that now even though I wasn't going to? He left expecting to receive all his money in 2 weeks. Would you be able to advise how to go about it, just send letter with pictures and quotes and advise him that now he is responsible for unpaid rent?

 

[Gail in Georgia]

You follow the requirements for security deposit return/notification to the former tenant for your particular state (and this may vary if the rental unit is in New York CITY versus New York STATE).

In other words, take some time to familiarize yourself with these statutes.

Gail

 

[Anna321]

It is New York State... I am basically asking if I didn’t mention anything at the inspection, and let him assume he was getting his deposit back that I can now decide to enforce it?

 

[adjusterjack]

I am basically asking if I didn’t mention anything at the inspection, and let him assume he was getting his deposit back that I can now decide to enforce it?

Yes.

Whatever he assumed is his problem.

You do what the law allows you to do.

 

[Anna321]

Thanks!