How can I find Renters rights in NYC?
Question:My landlord is witholding $600 for "repairs" to my apartment . The only damage was some nail holes (from hanging things on the wall) and he had to repaint, but I lived there 2 1/2 years. Doesn't this fall under "normal wear and tear?"
Answers:
I also live in NYC...if the nail holes are not numerous/excessive they can be considered "normal wear/tear". Check this out so you can have an idea of what "normal wear/tear" constitutes: http://www.allbusiness.com/legal/contrac...
If I were you, I would fill those holes. All you need is a small amount of all purpose joint compound. You can find it at Home Depot or Lowes. They even come in small tubes with a sponge on the tip for those that haven't used compound before. Filling in holes doesn't cost $600. As a Landlord he was going to repaint anyway. If this is the only damage you say there is, then it isnt reasonable to withhold the deposit.
In the past, when I moved out of my apartment I bought some cheap white paint and repainted just to make sure the Landlord wouldn't have any excuses. Total cost was about $25 and some time.
Check out these websites so you can get a clear idea of what your tenant rights in NYC are:
http://tenant-adviceandalert.com/site_ma...
http://www.housingnyc.com/html/resources...
Take photographs of how you left the apartment and the alleged "damage", these are top evidence in small claims court.
they usually do allow for some wear an tear..but...nail holes i dont think is classified as normal wear an tear..i think that means like wear on the carpets from walkin on them.. wear on linoleum etc.. maybe a few scratches on the walls stuff like that.. why didnt ya just fix the holes yourself?? all ya had to do was get a small container of spackling..i use my finger and smooth over the holes..that would of saved ya a few bucks of the deposit..
yes there is a renters rights... try looking under landlord/tenant rights NYC..and it should state the laws..good luck
http://www.oag.state.ny.us/realestate/gu...
Tha above is tenants rights in NYC, go check it out.
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