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HELP - Security Deposit Issues

Posted by AM on December 07, 1998 at 12:18:13:

I need some legal advise / help.....
I moved out of an apartment (NY State) at the end of Oct. At that time, our landlord did a complete walkthrough (in the daytime) of the apartment with us there, and little was said. Then almost 2 weeks later, after I nagged him, he responded with a list of small items he was taking out of our security, 1 of which was $120 for painthing a dining room. We had been there 23 months, so we felt it was questionable, but let it go at that time..My wife and I did not dispute these charges, and simply accepted the remainder of the deposit back from him (2/3rd of it).
It is now 5 weeks since we have moved out and he has just asked me to pay $450 to replace his living room carpet, and he is claiming it had to be replaced due to 2 urine stains caused by my dog.. We find it very unlikely the stains are even there, and this was a very old carpet. I have no intention of paying this but wondered whether he has a leg to even STAND ON, since
1) We never had ANY lease with him.
2) We have been out of the house for 5 weeks, so how do we know what has gone on in the apt.
3) He did at least 2 complete inspections, and did not return our $$$ until 2 weeks after we left, so can he even come back for more $$ now?
4) He charged us $120 for painting when we had been there for 23 months...

Any help you can give me would be much appreciated. I'm not going to respond to him, until I hear from you..THANKS!!!!


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