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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33762
Experience:  15 years real estate, Realtor. Landlord 26 years
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The client has moved out earlier request. He has turn off

Customer Question

The client has moved out for this earlier request.
He has turn off the power and we are suppose to do walk through on monday 6/4/2015. There will be no power for me to test appliances and stove etc. The power and gas will not be turned on until 6/11/2016. Can i still verify the appliances on this date and legally withheld secuirty deposit , if anything is damaged. This tenant is dangerous. What are my legal growns. should schedule the walk and picture taking until the 6/11/2016. He still has the property keys. how should i handle this situation.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello again,

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Can i still verify the appliances on this date and legally withheld secuirty deposit , if anything is damaged.

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Yes, if we are still talking about the NY tenant, then there are no set deadlines in NY for returning a deposit. The general rule is 21-45 days is considered "reasonable", which is all the law says.

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And you are not required to perform a walk through inspection under NY law prior to a tenant moving out.

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So if it were me, I would tell the guy that you are either going to postpone the walk through until the power is on, or you aren't going to do one at all since you have no legal duty to to do and you will just do one later on when the utilities are back on.

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If he still has the keys, then he is still legally in possession of the property. Until he turns in the keys, he is still considered a tenant and you can still charge him rent, whether he is living there or not.

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thanks

Barrister

Customer: replied 5 months ago.
lets say i check appliance at a later time and therei is a problem would he be liable or do i have to do all checks at one time.
Expert:  Barrister replied 5 months ago.

lets say i check appliance at a later time and therei is a problem would he be liable or do i have to do all checks at one time.

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Yes, he is still liable. There is nothing that would prevent you from hold him liable for damages later on if you wanted to to a limited walk through. If you do, I would just make it clear that you will check all the appliances at a later date once the utilities are on, so the inspection is not complete until that time.

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The problem with the power being out is that if there is a fridge, it could start getting mildew or mold growing in it if it is left closed and it gets hot in the dwelling. So it would be a good idea to leave the door open and unplug it until you have electricity back on.

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thanks

Barrister

Customer: replied 5 months ago.
My realtor visited the property after the tenant did their walk through. My gym equipment is missing from the basement. They have a value of 2800. The tenant realtor sent me images which showed gym equipment but they had taken pics at the begining of the lease, last year. They did send those pictures.so they replace sent last as if they current. In addition the tenant said the kitchen had flooded andnit ruin the kitchen floor. He did not turn off the water. So i have to replace floor. I want taken these cost out of their security deposit and last month payment. What are my chances if i go to court.he is under investigation and is on probation for drug selling. Do they have a case saying my realtor sold them.
Expert:  Barrister replied 5 months ago.

If they stole your gym equipment, then your recourse is to sue them for that, you can't deduct it from the deposit as deposits are for actual damages, late fees, cleaning, and delinquent rent. That is theft and conversion and you have to sue them in small claims court for that if you can prove that it was there when they started their tenancy and wasn't after they moved out.

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As for the floor damage, it is the landlord's duty to maintain their property, not the tenant's. But if there was a water problem that was caused by the tenant, like if they overflowed a sink or toilet due to clogging it, they can be held liable. If it was something like a pipe breaking or leaking due to age, then that is the landlord's problem to deal with.

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So it depends on who caused the flooding and why it flooded as to who is responsible.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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