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Posted by DK on December 07, 1998 at 15:57:54:

In Reply to: HELP - Security Deposit Issues posted by AM on December 07, 1998 at 12:18:13:

The landlord's claim sounds dubious to me. Unless the agreement was different, the usual interpretation of a security deposit is damage that is more than "ordinary wear and tear." I wouldn't pay anything, but if the landlord sues you in small claims court, be sure to counterclaim for the security deposit already owed to you. The issue will be whether the damage was more than ordinary wear and tear.

: 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!!!!

:
: AM

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• Re: HELP - Security Deposit Issues TenantNet 12/16/98 (0)

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Comments:
: The landlord's claim sounds dubious to me. Unless the agreement was different, the usual interpretation of a security deposit is damage that is more than "ordinary wear and tear." I wouldn't pay anything, but if the landlord sues you in small claims court, be sure to counterclaim for the security deposit already owed to you. The issue will be whether the damage was more than ordinary wear and tear.

: : 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!!!!

: : 
: : AM 


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