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Re: Confused about legal security deposit deductions - Landlord Forum thread 322052

Re: Confused about legal security deposit deductions by Katiekate (New York) on July 30, 2014 @08:35

                              
Obviously, you are not going to include the last month rent or the unpaid utility bills...because you have already filed in court against them to recover that. You could make mention of it at the bottom of the written deposit reconciliation letter...but, do not include it in your calculations.

As for the "damage/repair/paint". damage and repairs of it should be included. as for paint. If the damage was such that you had to paint (I once had a tenant put a bowling ball through a mirrored wall, coming out the other side!). take good pictures that show you had to paint because of the damage. If you have to paint only because the walls were 'dingy' and such..I think a judge will call that normal. If you had to paint because of excessive holes and the plaster patching of them, then charge to paint THAT WALL.

Good pictures and documentation is the key. I always send a photo copy of each receipt. so everything is itemized and the dollar amount of each itemized line has a copy of the receipt for it attached.

as for what you should "leave for small claims suit". that question doesn't make any sense. You said you already filed for the rent and utility bill. So..you put everything else on this (as you must by law). You will end up in small claims anyway because these ex-tenants sound like dead-beats and they aren't going to pay you. You will file in small claims..and unless you can hunt them down and garnish their wages, you aren't going to be paid even after a judge orders it.
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