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Why is NY Small Claims Court not fair to Landlord
by Steve (NY)
on September 29, 2014 @09:06
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I rent one large apartment and reside in the other. It is always clean, including carpets and no stains or I replace carpet and painted, everything is replaced, or repaired,I have plumber do all necessary things including replacing faucets, insides of commodes, electrician checking and replacing all that is needed.
I have had tenant take me to small claims court for return of part of security deposit. This was damage and they received half back.
I now have had a tenant take me to small claims court again for return of part of security deposit that I held due to damage etc.
The court ordered most of the security be returned to the tenant, the hearing was less than 2 minutes and standing so it was hard to present all and arbitrator not really interested, I had photos also.
ARE THE RULES IN THE LEASE AGREEMENT NOT IMPORTANT WHEN BROKEN AND DAMAGE IS CAUSED? (This is the message I have received).
ARE THE STATE/CITY/LOCAL LAWS NOT IMPORTANT FOR TENANTS NOT TO BE RESPONSIBLE TO FOLLOW?
I sent a Security return check with a letter stating why I was deducting each amount, & included where it stated it in the the lease that the rules was not followed and has caused damage. I was fairer than I should have been with prices, I even deducted an additional $100.00 in good faith. I included in this letter if you disagree please contact me by writing to me and we can discuss it.
I was left with 7 garbage cans and 15 large bags of Mixed disposals not recycled plus more. I hired someone to do this correctly 5 1/2 hours. This was in the lease and is a NY law. In court only thing that was mentioned is did I get a fine. I would have if not done and that effects the next tenant and me also. The new expensive kitchen floor tile that was installed 4 years ago before this tenant moved in was destroyed completely I only deducted $300.00, It was in the lease that the kitchen floor was new tile and had pictures of before and after. Kitchen cabinets was refinished before tenant moved in and in the lease they signed also. The lease states nothing nailed or glued to the cabinets. Tenant installed contact paper inside cabinets when removed it pulled up finish. I do believe that is damage and again in the lease. Painted dark colors without written permission as per lease and got paint on cabinets floor and carpet,did paint it back to white without permission and now painted the vents, outlet, switch plates covers attached to the walls, broken window,lease states no electrical to be done by tenant, which was done,tenant disconnected his doorbell, list goes on.
Why is the NY Court Arbitrator Not Fair to the Landlord. Tenants want apartment in great condition but do not want to be held responsible for anything and it seems like they get away with it.
Is there Anything else I should have done?
Do I need to bring in and pay for a lawyer for the Arbitrator in the Court to handle this fairly as per the lease agreement regarding damages?
I would like to hear from other landlords regarding there experiences with this and any suggestions.
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Re: Why is NY Small Claims Court not fair to Landlord
by Katiekate (New York)
on September 29, 2014 @09:23
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I found that the mediators are very pro-tenant. I do not have to agree to use them, and after having one rule against me..I will not use them again.
As for a judgement ... As long as the judgement is for more than $70 you can appeal. I appealed a judgement and the second judge listened to everything and looked at my pictures. I got the judgement from him for the full amount. However, I never actually received a penny from the ex-tenant. He is one SSDI, and I cannot collect against that
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