Legal Question in Real Estate Law in New York

I rented an apartment in NYC in October last year. Before moving in I asked the landlord if I can have the apartment painted in other color than the usual white. They agreed under the condition that I buy the paint and pay the painters. That's what I did and when we actually moved in the apartment was already painted. We moved out on 9/25 and the lease ended on 9/30. According to the lease we were supposed to get the security deposit back after 60 days. When the check hasn't come after 2 months we emailed the landlord to see what's going on. They informed us via email that they will take $1275 for painting the apartment after we moved out. In the lease we signed it is not specified that the apartment has to be returned with white walls it just says that the condition has to be the same as when we moved in minus regular wear and tear. Apartment was returned in good condition.

So far 70 days after we moved out we still haven't received any money nor the itemized list of claims against the security deposit.

My question is what are my chances to get the full deposit back.

Thanks in advance for your help.


Asked on 12/08/13, 12:35 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Small Claims court is the venue you may use. It's cheap, fast and generally effective.

Read more
Answered on 12/08/13, 2:33 am
Kevin Connolly Kevin J. Connolly

Arnold speaks sooth. Sue the sweet landlord.

Read more
Answered on 12/08/13, 9:27 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York