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Question: Real Estate - New York

Asked on 11/4/2009
What can I do to get my security deposit of 1k back? LL claims tenant failed 30 day clause, caused mildew, leakage, did not clean satisfactory.
Landlord verbally agreed 9/15 to allow tenant to leave 2 weeks early 9/30 with penalty of $250. Landlord states bathroom was leaking causing mold on baseboard. Tenant had no knowledge of condition and not mentioned on 9/30 walk through. Landlord claims laundry leak and had to remove 8x8 tile to find dark spot on sub floor. Tenant never noticed water/prblm. Landlord requested tenant to run dehumidifier in garage to prevent mold/mildew. Cost became high for tenant. At walk through landlord did not mention lack of cleanliness- claims to have spent 2-3 days having to clean to original condition

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


You'll have to take the landlord to small claims court, from the sound of it.  Your landlord might not have complied with the law, as far as an itemized statement of the damages;  even if the form of the statement is legal, you can still try to show that the charges themselves weren't proper.

Proof is important, because what you "know" doesn't count, it's what you can show with admissible evidence.  When you move into a new rental apartment or house, take a full set of pictures, of everything, burn a CD.  Do the same when you move out.  That way, you can prove what was and wasn't wrong with the place, and what was and wasn't your fault.



  • Answered on 11/4/2009
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