Security Deposit returned,not full amount- damage.

Security Deposit returned,not full amount- damage. by Steve (NY) on July 23, 2014 @16:07

Tenant vacated the apartment after lease ended. I checked out the apartment and the more I looked the more damage I found.
I sent a letter and listed why I am deducting for each item.
I added in where it was stated that in the lease when I could as per LPA said I should do.
I added in if you have any questions regarding this deduction please contact me by mail, as per LPA said I should do.
I have now received a letter that my previous tenant is taking me to court regarding this partial security deposit I held back. I do believe I was very fair. I held back less than I should have and kicked myself for it after.
The Tenant didn't sign the move in condition. I should not of let them not sign it.
There lease did state new tile installed in the kitchen floor,
and tile is chipped all around the edges, they were sliding something around the floor all the time. Lease stated no painting unless getting landlord written permission and show colors. Tenant painted dark brown and almost black,on the walls without written permission or showing landlord the colors they were going to paint. They got paint on the kitchen cabinets, floors, carpet. Tenant painted the 2nd time without my permission in writing before moving out.
Window sash broken without telling me, kitchen draw bracket broken, etc. I was left with 15 black bags of combination garbage, food etc and cans bottles and paper all mixed together for me or someone to separate for recycling or I would get a ticket. The lease states they are to recycle.
What can I expect in court?
What are my chances of winning?
This tenant is not very honest.
Thanks for your reply

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Re: Security Deposit returned,not full amount- damage. by Katiekate (New York) on July 23, 2014 @17:25	[ Reply ]

First...did you get a court summons or just a letter threatening to sue? I have been threatened so many time I long ago lost count. Only once did it ever actually happen. The threat is the attempt by tenant to scare landlord into doing or not doing something. Ignore is until it because an actually court summons...if ever Make sure you have receipts for everything. In New York you cannot charge for your own time...so be sure you have receipts for the cleaning company on the massive clean up. Make an itemized list with the same exact amount listed for each item as your receipts list. (Make it simple for the judge). You might have real trouble with some of the broken stuff...but all the paint and damages for crapy paint jobs should be easy to prove...(you took pictures..right). When you receive the court summons to small claims...go there and immediately file to counter sue for the additional costs all the added damages actually were. My guess is you will never hear about this again if it was just a threatening letter.

Re: Security Deposit returned,not full amount- damage.

Re: Security Deposit returned,not full amount- damage. by jannie (IL) on July 23, 2014 @17:30	[ Reply ]

My guess is that the tenant is angry and trying to scare you into giving back the security deposit. I would wait & see, but prepare taking notes on conversations had with the tenant, e-mail. Get a file going if you don't already. Yes, you should have had them sign the check in, but you had the check in and perhaps have reference to it in an e-mail. You have beginning and after pictures of the property and damage. Good luck

Re: Security Deposit returned,not full amount- damage. by Bill on July 23, 2014 @18:02	[ Reply ]

What can you expect in court. You can expect a fair hearing and you can expect to win. Bring all the bills, receipts and the like for all the damages. Not just the ones you charged off on the deposit. Ask for the additional cost in court. Next time, remember how kindness is rewarded.

Re: Security Deposit returned,not full amount- damage.

Security Deposit returned,not full amount- damage. - Landlord Forum thread 321699