Legal Question in Real Estate Law in New York

Fabricated Damaged Bill

I lived in a summer rental for 4 months. Two weeks after I moved out, the landlord hand wrote me a damage bill that is beyond the security deposit. Mostley all damages had to do with stains to furniture, rugs, walls etc. Because the house was only used on weekends, I dealt with the minor blemishes. He has claimed in the letter ridiculous prices for cleaning and labor for his time. No records or receipts. Housing reports or photos were never taken at the time I moved in or moved out. What he claims were there when I moved in, and the charge to clen them are worth more then the actual furniture.

Does he have a case?


Asked on 9/23/02, 3:24 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Fabricated Damaged Bill

Since you did not take pictures when you started the lease, you are at the mercy of the landlord. You do have the right to contest improper bills and have the right to obtain receipts for any work. You can also volunteer to do the cleaning. However, if you wind up in court, you have a poor defense, since you cannot prove pre-existing damage.

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Answered on 9/24/02, 10:47 am


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