who's responsible for re-paint?

[JustJackie]

I am renting an illegal basement apartment in a one family house in Nassau County NY. Although a lease was signed, the apartment is definately illegal. Before I moved in, I asked if I could paint, I was told yes, so I did. I covered all expense and labor. Now I want to move out and the landlord wants me to re-paint the apartment white before I move out. He has threatened my security deposit,we had a big fight and now I don't know what to do. I'd so appreciate some guidence....thanks.

 

[HomeGuru]

If you painted the place a different color than what it was, you must paint.

 

[JustJackie]

but I don't want to

Is that legally speaking? Especially since there were no restrictions, specifications, or any discussion at all regarding colors (which happen to now be beige and powder blue). And, isn't it standard procedure to have walls freshly painted and the carpet cleaned for new tenants?

 

[LL]

"Standard Procedure" is not the same as "Obligation".

 

[JustJackie]

Well...I am of the opinion that landlord is "obligated" to rent me a legal apartment. Although I understand the plight of the landlord, I'm really looking for information from someone who actually knows the law on Long Island regarding illegal apartments. I'm not looking to make trouble for this guy, i just want my security deposit back so i can leave peacefully.

 

[LL]

I thought the issue here was about painting.

 

[HomeGuru]

In your initial post you keep stressing that the apartment is illegal.
My response is so what, because the illegality has nothing to do with your duty to repaint the place a neutral color.

 

[JustJackie]

I only stress that it's an illegal apartment because the landlord tried to threaten me with the lease to justify his keeping my security, which, is invalid since the apartment is illegal. Technically, I can contact the town at any time and they will rip that stove right out of the wall. I'd really rather not take it there. I just want to know that if he forces the issue, in a court battle, will I lose my deopsit.

 

[LL]

I hope so.

I thought that he was threatening to deduct the cost of painting from your security deposit, and that is reasonable.

Then, you shifted your discussion to matters of an illegal apartment. You said that "I'm not looking to make trouble for this guy, i just want my security deposit back so i can leave peacefully", but you evidently don't want to pay your obligation for repainting. Now, you are not talking about the painting at all, but only about threatening to go to the town and something about ripping out a stove.

If I were you, I would worry about more than just the deposit if you go to court. Go look up the word, "extortion".

 

[JustJackie]

EXTORT: to obtain from a person by force or undue or illegal power or ingenuity.
EXTORTION: the act or practice of extorting esp. money or other property; specif: the offense committed by an official engaging in such practice.

Well, it's rather obvious that you are not impartial, and I'm looking for impartial information. However, if the landlord had simply requested fees for painting instead of trying to indimidate me by threatening me with legal action and keeping my security deposit like a tough guy, I would have gladly handed him the lousy 60 bucks (it's a tiny apartment). So it seems to me that it is Mr. Landlord that is playing the role of extortionist in this little play.

 

[LL]

That's what you gave the security deposit for, wasn't it? To secure your promise of returning the apartment without damage? So now, you don't want it to be used for that, preferring to look for other ways to get your deposit back, rather than facing the actual problem which is the need to restore the premises after you painted them.

You will no doubt talk yourself into saying that any advice that doesn't get your deposit back is not impartial, and that's not the kind of advice that you are looking for.

Any reader can judge for himself about the impartiality of my advice, but your real problem that you should be facing directly, is the problem of your having painted the apartment into beige and powder blue yourself, and now the landlord needs to restore it. The security deposit is available to him for exactly that purpose.

Sorry.

 

[LL]

extortion

extortion, in law, unlawful demanding or receiving by an officer, in his official capacity, of any property or money not legally due to him. Examples include requesting and accepting fees in excess of those allowed to him by statute or arresting a person and, with corrupt motives, demanding money or property unlawfully under pretense of duty. The taking of money or property is generally an essential element of the crime. In most states of the United States, extortion is more widely defined to include the obtaining of money or property of another by inducing his consent through wrongful use of fear, force, or authority of office; blackmail, ransom, and threat of force are included under this definition.


felony

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.

 

[JustJackie]

Well, I was kind of hoping for some practical advice from someone who actually knows about NY real estate law. You do have some interesting opinions, and I have thought about what you've said....but alas, that's really all they are, opinions.

 

[HomeGuru]

JustJerky,
I am an attorney and know NY real estate law. What a waste of LL and my time over $60. If you were not an idiot I would have quoted the law to you.
But alas, no opinions, no laws.

 

[JustJackie]

My my Guru....an attorney huh? and the best you could come up with is "Just Jerky"....how impressive, and "idiot", well that must be your personal best. Resorting to childish name calling is so typical of your kind. In any event.....you don't know the entire story and all of this could have been avoided had you quoted me the law, which you claim to know, in your first response, so who's the idiot? Long story short.....Mrs. Landlord called me to apologize for Mr. Landlords behavior....and I won't be painting....SO THERE!!!!! So much for FREE advice....I always did say....Ya get whatchya pay for.