Legal Question in Landlord & Tenant Law in New York

my ex landlord is holding property of mine claiming i damaged the floor in one room and left garbage in the apartment. the floor was damaged when i moved in and i covered it with carpet. i put 2000$ of renovation work into the apartment. i did not leave garbage in the apartment. she claims she has pictures. she was renovating after i left anyway in order to rent it out because the conditions of that apartment were not livable for anyone else. I took it as is. When i moved, i painted, sheetrocked and left it in better condition.

Asked on 3/18/10, 9:50 am

1 Answer from Attorneys

Paula McGill Attorney at Law
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If she did not do a walk through with you when you moved, you should have taken pictures before turning over the keys. Also, if the apartment was damaged when you moved in, you should have noted that on the move in sheet and taken pictures of the condition. In any event, landlords are under an obligation to provide a list of damages and the costs of repair to their tenants shortly after they move out.

Write a letter to her certified mail/return receipt demanding the property within 14 days. Otherwise, you may have to sue her for the return of property or its value and anydamages, penalities and interest the law allows for her violation of landlord/tenant regulations.

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3/23/10, 10:39 am

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