Security Deposit/Wear and Tear for long-term rental

[arevanrud]

I live in NYC in an apartment that has not been vacant for approx 16 years (I've been here for 13) with various roommates. I am the only current leaseholder.

My questions are,

1) What kind of damages could my landlord possibly charge for? The apartment has been painted sporadically. I have water damage and repair damage on my ceiling (which the landlord created and was present for). My hardwood floors are scuffed and dull. The bathroom tiles are cracked in some places (small). Some windows don't stay open. The stove and fridge are on their last legs, etc. I keep the apartment clean and organized. The landlord is here frequently so knows the state of the apartment. I know that it will have to be completely gut renovated when I move. This will include new appliances in order to stay competitive in the market.

2) I'd like to move and am tempted to use my security as last month's rent. I know this is not kosher but I feel that I will be charged for damages even though they will be completely renovating.

The rent is now 3400. Can she take me to small claims if I use my security instead? She's had the money for 16/17 years and I think it is in an interest bearing account.

[OHlandlord]

Wear & tear is the natural deterioration of something used everyday in a reasonable and careful manner for the period of time of the tenancy by the authorized occupants and pets at a property. Anything at your unit would be expected to have wear and tear by one (?) person for the last 13 years (unless it was installed new or repainted at some period during your tenancy). If it was installed new or repainted, it would be the normal use of the item since it has been replaced/repainted. I say by one (?) person because I do not know if you were authorized to have any roommates or not per your lease.

Damages would depend on what was wrong with the unit when you left. They would be unable to charge you for window coverings or carpet, unless they have been replaced at some point during your tenancy. Paint would depend on when it was last painted in your unit. If longer than 3 years, you should not be charged for painting. They can charge you with damages for excessive amounts of holes or large holes in the unit, with damages caused upon moving furniture out, or with pet damages to the unit. The items you posted do not sound as if they are damages with the exception of the floors (which is iffy.)

When you move out, mop the floors. After they dry, mop the wood floors with Orange Glow Wood Floor Refinisher (I think that's the name). Don't walk on them until after they are completely dry. It costs about $6-8 a bottle in Walmart and it will make even old dull floors shine. That should take care of the dullness and small scratches. Even if you think they will gut the place, leave it very clean to avoid any chance that they could charge you for cleaning.

You cannot use the deposit as last month's rent. The law says it can only be used after you move out. THey will not take you to small claims court. They will EVICT you if you attempt to do that for non-payment of rent. With an eviction filed against you, you will be unable to get decent housing in the future. Do not do this! To protect yourself and your deposit, clean everything, "fix" the floor as above, and take dated photos of the entire place to show how clean it is. Don't forget to clean the appliances (even if you think they will replace them, and take photos showing the inside of the clean appliances), so they have no basis to keep your deposit. If they attempt to keep the deposit, you can take them to small claims court to get your deposit back with the dated photos to prove the place was in good order when you vacated.

Your deposit should be in an interest bearing account paying the prevailing rate. However, the law allows the LL to keep 1% a year for an administrative fee out of that deposit. So the LL probably has been taking 1% out for each of the last 13 years. Interest rates are so low now that the 1% fee is more than the interest you gain each year (a savings account is only paying less than 1/2 of 1% a year), so the deposit will be worth less this year after taking their fee than it was before they paid interest into it all year. You may have a few hundred dollars of interest in it built up over that period. One other question, if you have only been there for 13 years, how could she have held your deposit for 16-17 years?

[arevanrud]

Hi,

Thanks for your well-reasoned reply. The landlord has had the deposit for 16/17 years (maybe even longer) because I was one of 3 tenants when I first moved in and they gradually moved out over the following years. Security deposits have been made or paid back by each successive tenant. We've never received anything back from the landlord. Basically, the apartment has not been vacant since the early 1990s when it originally renovated (very cheaply).

In the past, the landlord has told me to broom sweep and remove all trash and furnishings upon moving out. I have been told this multiple times. She seems rather casual and vague about it so that is why I am concerned.

Btw, the floors were pretty rough when I moved in so I don't think she did much to them. Every other apt. in the building that has since been renovated has had the floors completely refinished and polished.

I guess I'll talk to her and see what happens. I needed the information to protect myself.

[OHlandlord]

If you have only been there for 13 years, you are not entitled to that interest from the first 3-4 years before you moved in. That interest should have been paid to the tenants before you. You are only entitled to the interest for your tenancy.

Do follow the steps to protect yourself. While she seems vague and casual, once she sees how much renovations cost now (the price of all materials is very high this year), she may not be quite so easy going. Unless you receive other directions from her in writing, leave the unit as I specified to protect your deposit.