Legal Question in Landlord & Tenant Law in New York

I paid a $300 non-refundable pet deposit on top of my $830 security deposit, as well as an additional $20 fee each month to have pets in the apartment. When I vacated the apartment I shampooed the carpet and scrubbed the walls. The landlord is now saying that she has to take a charge out of my security deposit as she had to have the carpet specially cleaned to get rid of the pet smell. She states that the pet deposit is for depreciation and does not cover damages. There were no damages and there was no pet smell when I vacated. What are my rights as far as demanding my entire deposit be refunded to me?


Asked on 8/27/09, 6:23 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

A court would have to read the exact language in the lease. Furthermore, you have a "he said, she said" argument. Landlord says there was a smell. You say, no smell. You may be best off commencing a small claims action for the return of your security deposit.

Mike.

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Answered on 9/02/09, 8:25 am


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