Legal Question in Real Estate Law in New York
How much security depost can I whithhold?
I recently sublet out my apartment for the summer. When I returned I found damage to my futon. The couples dog had severly chewed up one corner. It is not reparable. I had originally intended on selling the futon because it was only 1 year old and by current market value I would have been able to get $200 for it. I actually did try to sell it, but was not even able to find a buyer for $50 because animal damage to the frame means to most people that there is probably animal damage to the mattress. So I withheld $200 from the security deposit of the subletter. They are now saying this is too much, and want to take me to small claims over this. I felt I was being fair. Especially since I didn't withhold for the complete filth they left the apartment in or the damage that was done to my elliptical machine. This is because I can clean up filth, and the elliptical was able to be repaired by my husband.
How can I asess how much should be withheld from a security deposit? They are requesting I give the futon to them to try and sell and recoup their own money. Is this their right, or can I keep the money and the futon?
1 Answer from Attorneys
Re: How much security depost can I whithhold?
Hold back the value or the loss of it in the year. Who cares what they think...as long as if they sue you in small claims, you can prove the payment for it originally and then the loss should be self evident.
Good Luck
RRG
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