LL Won't Give Security Back....

[citroen33]

I lived in a rent stab. studio on the UES for over 6 years and moved out in June of this year. The land lord is claiming that I made some spots on the counter and that the counter had to be replaced, so now they don't want to give me my security deposit back.

This is a TOTAL joke. The kitchen was so old when I moved in, the stove was almost antique, and I just DID NOT make those spots. From the time I moved in, I had to put a big cutting board over that area because it was an eyesore. THey claim the kitchen was "recently" renovated when I moved in. TOTAL LIE.

I guess I have to bring this to small claims court. I don't have "proof" of the counter condition when I moved in though. Does anyone have any experience with this sort of situation?

What makes all this even worse is that the building replaced the windows and upgraded the electric the last year I was there, making my apt. almost unhabitable for about 2 months. They left big holes in the wall for so long that I finally filled the holes and painted over them myself. I worked really hard doing that and at my own expense. To think that these people would now try to charge me for a counter is beyond outrageous considering how awful the living conditions they allowed for were.

I am pissed. This management co. is a bunch of theives with no conscience. What can I do?

[Cranky Tenant]

Even if there were stains on the countertop this could probably be chalked up to normal wear and tear over the course of six years..

Countertops go for about $60 at Home Depot and any super should be able to replace it in an hour or two.

[mjr203]

I'd opt the small claims route and contact the attorney general's office.

It's not surprising either, this is probably the 10th time I've seen a story like this since I registered (not including mine)

-POINTER

<small>[ October 18, 2002, 03:16 PM: Message edited by: pointerout ]</small>

[Downstairs Neigbor]

All good points.

What Cranky Tenant is saying (correct me if I'm mistaken) is that the reduction of your security deposit should reflect the cost of the repairs and will no where near equal the total of your initial deposit.

And don't forget, your LL must provide you with interest on your deposit for your entire 6 years of residence (assuming that you have not been collecting it the whole time).

See the New York State Division of Housing fact sheet on Security Deposit rules. And take them to court.

[Phil Cohen]

You may be entitled to treble damages on whatever was withheld.
Try to get a witness who can back up your claim that you didn't make the "spots." Even if not, you would seem to have a strong case.