if a landlord holds back your SECURITY DEPOSIT because he claims that you damaged items in the apartment, can you fight it? is it worth it to fight it? what are your chances of winning? what do you need to do to win?
I live in New York
thanks
2007-12-29 13:12:37 · 9 answers · asked by tom 1 in Business & Finance ➔ Renting & Real Estate
your landlord needs to provide you a copy of invoices that he paid from this damage. hopefully you filled out a walk through form when you moved and and maybe took pictures.
in most states this landlord needs to return the deposit within 30 days of your move out date, and you have provided a forwarding address.
if landlord comes to court with photos and proof of damage you don't have much of a chance, unless you can prove he did not do repairs or replacements.
2007-12-29 15:14:44 · answer #1 · answered by jeanniep 5 · 0⤊ 0⤋
That would depend on how much the security deposit is for starters. Did you have a walk through with the landlord before you handed hiim the keys back? If you did and he did not mention anything about damage, then I would speak to an attorney about your rights in NY. Good luck!
2007-12-29 21:17:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I'm sure you could fight it if you wanted to. In order to win I would assume that you would need proof that you didn't damage what they say you did. Everyone should always take pictures the day they move in and the day they moved out. That way you have no chance of getting screwed out of your deposit.
Its such a shame how it works now, its like you should expect to lose your deposit regardless of what your damages are.
2007-12-29 21:18:42 · answer #3 · answered by Rebecca Trin 3 · 1⤊ 0⤋
Unless you can prove that the damages existed when you took occupancy of the premises, your chances at success are very limited. The landlord will show up in court with photographic evidence of the damage, along with the costs incurred to repair. What will be your stance ? A verbal claim that you didn't do it ?
2007-12-29 21:17:30 · answer #4 · answered by acermill 7 · 2⤊ 0⤋
In New York your landlord is going to have to provide receipts for the repair of the damage. Most states do not require this, as many landlords do it themselves, but NYC is a differant ball game, they have to prove the damage. It is ALWAYS assumed that no damage existed upon move in, so all of it will fall on the tenant.
2007-12-29 21:17:20 · answer #5 · answered by Landlord 7 · 1⤊ 0⤋
New York, my first response is forget it..... good luck... sounds like that kinda thing happens every day. On the other hand, if you have the desire, ask him if you can see what the damage is. He is suppose to give you in writing what is wrong, and what everything costs that you damaged. If he hasn't given you that, at least ask for that. I had one landlord that charged me because he claimed the inside of the dishwasher was dirty....... I know, WHAT? so good luck!
2007-12-29 21:19:58 · answer #6 · answered by wfhlembo 6 · 0⤊ 0⤋
You would need proof (pictures) that nothing was damaged. It's probably not worth making a big fuss over unless you had witnesses (people that helped you move out) that seen the Apt. when you left.
2007-12-29 21:22:01 · answer #7 · answered by ♥ME♥ 6 · 0⤊ 0⤋
If you really didn't damage anything and the apartment is perfect, take pictures and take him to court.
2007-12-29 21:15:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋
did you photograph everything when you moved in?
2007-12-30 00:52:10 · answer #9 · answered by richard t 7 · 0⤊ 0⤋