Legal Question in Landlord & Tenant Law in New York
No return on security depeosit
I lived in an apt for 3 1/2 years. Only signed a 1yr lease the 1st year there. Gave a mths notice on Nov 1st that I would be out Dec 6th. Dec 1st called him, I was all moved out. Left apt clean Month later called asking why I havent received security. Said was charging rent from Dec 1-6th, said I wasnt to leave til 6th. Second, said that he had to replace the blinds that were dusty not damaged. Said he had someone clean the apt and was charging me. I left the apt clean no damages..I vacuumed, washed flrs and cleaned the bathroom..no holes in walls except for where pictures had been. Can he get away woth this.
1 Answer from Attorneys
Re: No return on security depeosit
The apportioned rent absolutely is chargeable. The rest may e chargeable if your landlord can show that the cleaning and repair was necessary above "normal wear and tear." If you beleive that he overcharged you, you can start a small claims case to recover the portion of your security deposit above the amount necessary for the extra rent and damage you caused.
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