Posted by TenantNet on September 19, 2000 at 07:43:39:
In Reply to: help posted by Lena on September 18, 2000 at 22:29:41:
We have a slightly different take than Kerry. First, we agree that the paint bill is bogus -- that's normal maintenance, not damages.
But it's only in THEORY that rent and security deposits never meet. They often do -- even when the lease says not to use the deposit as last month's rent. After a tenant vacates, he may still owe rent and provable damages (that's why an inspection is a non-required, but good idea so the LL doesn't make things up as they more often than not try to do). And if the LL can prove those economic damages (unpaid rent is also economic damages), then he can sue to recover.
Some tenants withhold the last month's rent to put they shoe on the other foot - as LL often make things up or use things that are not real damages (such as painting). What's the downside to using the deposit as the last month's rent? There's no law prohibiting it. And when everything is added up, it's all thrown in one hopper to calculate who owes who what.
In this case, it appears they are using the painting as a pretext to sue. Offer them June (as you did before). Send it certified. Explain that the painting is just normal maintenance and not considered damaged. Explain you have photos (if you do), but don't send them until trial, and witnesses (if you do), and ask for any other items of damages they may claim. In your letter be sure to memorialize the prior conversation and point out that they ONLY cited painting and no other items of damages.
No mater how they argue it, they already have the money equivalent to April's rent. So they are whole - theey have everything to which they are entitled. If they sue, they must be able to assert and prove damages.
Trump's people are arrogant - don't let them pull this crap. We see it all the time from many landlords. (and remember, this is not legal advice, it just represents our thoughts on this issue)
: I have a difficult situation, my landlord is going to sue me.
: My family and I used to live in a building, which belongs to Trump Management. We resided the apartment in this building for seven years and we continually paid our rent on time.
: In March we decided to move out from that building. Our lease was expiring on May 1, 2000. For month of April we used our security deposit.
: Unfortunately we couldn’t move out on time, because our new apartment was still under renovations. We were unable to sign the lease, because the management allowed 1-year minimum for contract, but we need only a couple months. We decided to pay on a monthly basis our new rent fee according the price in our new lease. The management accepted our check for May.
: In June we sent another check, but they returned this check and asked the letter of explanation. We send the letter, which was explaining our situation. But we’ve never got a reply back, never got a call from the management.
: We moved out on July 10,2000. Yesterday we got a call from the person who introduced himself as a lawyer representing the Trump Management. He said they will sue me for the money I owe them. They claimed I owe them for month of April (at that time I used security deposit), for the month of June and for the expenses landlord spent for painting that apartment for new tenants.
: What should I do in this situation? I will appreciate your help in this matter.
: Thank you
: Lena.
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