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Security Deposit taken for damage we didn't do- NYC

Posted by eve on December 13, 2000 at 12:29:00:

Hello- here is my situation- I rented a studio apt in Sunnyside Queens (in a co-op, not stabilized or anything) and the night before I was moving out and driving cross country to move to Oregon- the glass shower door in the bathroom broke- we were asleep at the time and it shattered. We cleaned up as best we could and left a message for the owner. Here is the problem- when I got my security deposit refund, the owner had taken out $550 for the cost of replacement (she said she had to have the glass specially made). I have lived in alot of apartments, so I wasn't suprised that she took it out of the deposit, but I called her and said I thought it was excessive, and would she consider splitting the cost. Basically she said she is a single mom and did't have the money and to f**ck off. I put in a complaint to the NY Attorney General, but she wouldn't compromise.

I live in Oregon now- is this an issue that I could go to small claims with, I am willing to fly back there and appear, just out of principal. Everything I have read says a landlord can take a security deposit for damage done by the tenants negligence- we didn't do anything! HELP!

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