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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29012
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I live in New York State (not in the city). I used to live

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I live in New York State (not in the city). I used to live in an apartment (moved April 1). We lived there for over 8 years. Now the landlord has billed us for new carpeting, painting, etc. Can you provide time periods as to when the landlord is responsible for replacing carpeting and new painting?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: New York State, Warren County, Town of Lake George. Also, how do I find out whether they actually have a COO? Thanks
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, tell him I'm a really nice person and need help! haha. The landlord has billed me for over $5000.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Have they taken the security deposit or merely sent a bill?

Did you damage the carpeting and walls in excess of reasonable wear and tear?

Customer: replied 1 month ago.
There was no security deposit. The carpeting was damaged from the wood stove they provided us, which was our ONLY heat source. Also no carbon monoxide detectors and one smoke alarm for entire apartment. The carpet was not new when we moved in, has to be at least 12 years old, and the rooms were not freshly painted (there were crayon marks from previous tenants on walls).

Thank you for the additional information.

You only are liable to the landlord for damages caused by you. If the only damage when you moved out was reasonable wear and tear then you owe them nothing and they are trying to make you pay for their damage or their routine maintenance.

You do not have to pay just because they send an invoice. They would have to sue to force you to pay and then you can present your defense and sue them for failing to provide a code compliant premises for your rent. You can counterclaim for breach of the lease and a reurn of the rent that you paid them.

If you can sue for a nominal amount then do get a written and signed release. Otherwise, wait and see if they sue.

Did you have further questions? Have I answered your question?

Customer: replied 1 month ago.
What about the heat source? They are required to provide heat, and the wood stove was our only source and it did NOT get into the other rooms. We could not use the bedroom all winter without space heaters.

Yes, that is one of the elements of the counterclaim I mentioned. They did not provide a code compliant habitable premises.

Customer: replied 1 month ago.
Thank you for your help. My ulcer has calmed down a bit!

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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Thank you!

Loren

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