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I recently moved out of an apartment in NYC and $900.00 was deducted from my security deposit for the landlord to repaint. I lived at the address for over 5 years and the landlord did not paint the apartment. Is this considered a reasonable deduction?
State/Country relating to Question: New York
Hi pickles,In NYC, the landlord is not allowed to charge the tenant for painting the apartment (something that is supposed to be done every few years, if it is needed). The painting, whether the tenant is still in the apartment, or has already moved out, is completely at the landlord's expense.If the landlord refuses to refund the $900, which he had no right to hang onto, you can take him to Small Claims Court.
Thank You. XXXXX moved in 2003, I changed the changed the paint color in all the rooms from the standard white paint. Under these circumstances, can they withhold the security deposit to repaint?
If you painted a dark color, so that they have to use more than one coat to cover it, then they can keep the security deposit. If you used a light color, so that they only have to use one coat (which they would have to do if the color were still white), then they should not be able to keep your money.
Colors are medium tones, not dark red, black etc. If I choose to challenge them, can I cash the check they sent for the portion they did return?
The color is okay, as long as it can be covered with the one coat. And cashing the check will not make a difference, unless there is language on the check claiming that it is "payment in full". If it does have such language, you can still cash the check without repurcussions if you write "Under Protest" above your endorsement signature on the back of the check.
Attorney
Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker