Posted by Gabriel on January 06, 1997 at 21:54:11:
In Reply to: Re: APPEAL TO SMALL CLAIMS posted by TenantNet on January 04, 1997 at 02:54:35:
: : Is the landlord entitled to the cleaning charge after 2 1/2 years ?
: : If yes, isn't $325 exagerated ? Also, why did I have to pay the last week
: : of November when I was not occupying the premises ? SHOULD I APPEAL ??
: : Note: I am suing the landlord for the damage to my properety for negligence
: : on his part for $6,500.
: You don't say, but I assume you're in NY. Security Deposits are supposed to
: cover damaged items, not ordinary wear and tear and certainly not "cleaning
: charges". Your case, though, is anything but simple and maybe the judge
: gave him a bit out of sympathy. There may (or may not)be case law as to
: how the 30 day notice is to be measured (end of month vs. mid-month).
: If your small claims case was heard by a judge, I think it's appealable;
: if heard by a referee, you may be stuck. But I believe you would need
: to appeal to Appellate Division or Appellate Term and that's not advisable
: without legal advice or hiring an attorney, and that can be a costly proposition.
: If you're sueing him separately for negligence, you cannot appeal the small
: claims case in the same proceeding. It must be done separately. Look at it this
: way: without knowing too many details, parts of the decision do not seem
: fair and that's a comment on the quality of judges we have in NY. You might
: wish to mention the judge's name so other tenants can avoid him/her :)
: But look at the overall decision rather than seemingly unfair specifics.
: Aside from your negligence suit, what would be your cost to pursue it
: given that you can get on with your life? There are times to fight for
: principal and you have to be that judge if this is the time.
Thank you for your speedy response. Sorry for the misunderstanding but I am in Los Angeles. I thought this information would appear in my message. I have been trying to locate some type of organization similar to yours in LA but haven't found anything yet. The hearing was conducted by a Judge, and I am determined to appeal. Small claims should not cost that much, and the courts do wave the charges in case of the defendant is in difficult financial position.
I would appreciate it if you could refer me to any helpful local organization for my case.
Thank you again
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