Legal Question in Real Estate Law in New York

I rented a vacation home with my family for a week this past July. (4 adults, 4 children) We left a $1000 security deposit which the owner is now refusing to give back. He is charging us $350 for carpet cleaning and 9 hours of regular cleaning at $25/hr, and $80 for a supposedly broken couch... accusing us of all sorts of mess that we did not do. He has no receipts to back up his accusations.

The house was already pretty dirty when we took occupancy and I have a photo of the bathtub covered in grime.

There was never a walk-through and it comes down to he said/she said.

Also, we did have a dog on premises for 2 days and were not supposed to according to license agreement. However, agreement doesn't state anywhere on the form that we would lose our money...technicality? Or do I have a fight for small claims? At the very least I feel I should get half back. I think the owner is trying to use us as a scapegoat for his own negligence. The house is rented from May until August... people who had dogs, children and generally lived in the house.

He did NOT perform a walkthrough with any of these people.

Thanks in advance!


Asked on 9/15/09, 12:04 pm

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

I agree with you. If the security held is greater than $5,000, you should commence an action in small claims court. You may file a small claims application with the Nassau County District Court - First District - located at 99 Main Street, Hempstead, NY. You should go to the second floor and ask for the small claims forms from the clerk.

Mike.

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Answered on 9/20/09, 1:03 pm


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