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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I rented an apartment 2 yrs ago in Clifton pARK, nY. It was

Customer Question

I rented an apartment 2 yrs ago in Clifton pARK, nY. It was a"Smoking" unit. I moved out on 3/1. Thet would not renew my leaseand said they would not have to give a reason. When I went back for the walk thur they said it was immaculate. But they would hyaqve to repqaint and hire someone to clean the ducts. They just don't want to return my deposit.
would that would be normal wear and tear. I am an older woman b76 yrs. old. and I thhink this is all crazy. wHAT CAN I do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.

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

Expert:  Loren replied 1 year ago.

Was the unit designated as a"Smoking Unit" in the written lease?

Customer: replied 1 year ago.
Expert:  Loren replied 1 year ago.

They are only allowed to keep money from the deposit to repair or replace damage which exceed reasonable wear and tear. If they rent a unit as a smoking unit then they would be hard pressed to justify a cigarette smell in the unit as not reasonable wear and tear.

Demand the refund in writing. If the refuse, sue them in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Expert:  Loren replied 1 year ago.

Are you still online with me?