Regarding Landlord and Tenant laws: A friend needs your help!

[CMCarlin]

Hi everyone,

A good friend of mine is going through a rather difficult separation with an old landlord. It seems that they had a "falling away" or whatever the saying is. Anyway, she's trying to get all her money back for security and while I don't think there is much hope, I said I'd help her out in finding out what she can do.

Here are a few things going on, as explained to me:

• Installed microwave. You know those microwaves that install above a stove? One of those. The LL is trying to ding her for having to take that out and fixing whats left. She said she never installed it herself, but that the previous tenants did.
• mini blinds. The place came with no mini blind installations. She got permission to install them, under the condition that she leave them there. A had some broken "leaves", or whatever you call them. Some of the pieces were missing, but not a lot (no gaping holes or anything). LL is saying she has to pay for repair, but she bought them in the first place
• "crooked" door. A door was broke so my friend took it upon herself to get it replaced and installed it herself (or had a boyfriend do it, IDK), with permission. LL is trying to say that it needs to be re-installed because it is a little crooked and it needs to be stained to match other door. The door still closes and opens fine. she showed me a picture and there is no real difference in color of doors to begin with so there is no reason to stain it IMHO. Also, the new door was paid for by my friend anyway.
• crack in window. here is where its tricky. There is a small crack in a window, with a little tape over it. This has always been there since she moved in, BUT it was never established as being there by both parties so there is no real proof. It is so small and out of the way that no one noticed it.

Anyway, I told my friend that all points above seem legit, except the last one.


I told her to consult a lawyer or just bring her to small claims court, but I dont think she wants to do that.

In any case, I told her I would do some research (since I am known as the "internet guy" amongst some of my friends).

POINT OF INTEREST: to protect everyone here I am already aware that any advice given here as a result of my questions is not legal advice and that anyone seeking legal counsel should talk with a lawyer. So with that out of the way, please feel free to speak your mind about this!

A few more points: this is in New York. Also, my friend went to GREAT lengths to make the place as clean as possible (I know, because I helped her clean some things). I personally think she did way more than she should have.

Anyway, have a good night all!

 

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[Runum]

State laws and the written lease agreement are going to be what determines what happens to the deposit funds. Sounds like all the repairs were arranged orally. It's going to be tough to prove she had permission to make the changes that were made.

Also, video before moving in and after leaving helps resolve some conflicts. Good luck to her.

 

[CMCarlin]

Yea, I checked the lease myself and it just covers damages and seems to be "standard".

Not sure what you mean by all changes were discussed orally. You mean like the mini blinds? And the door I guess.

Ok, so I do know what you mean. Honestly though she just showed me some more pictures (smart girl, she took pictures!) of the door and it doesn't look like there is ANYTHING wrong with it at all.

The installed microwave can be proven as we both know the old tenants that installed it (which was almost 7 years ago I think).

 

[Qjet50]

Runum is right in that state law and the lease agreement will determine how best to handle the specific issues you listed. I did find a tenants rights guide from the New York Office of the Attorney General here. There is some information on landlord/tenant responsibilities there, but probably the most useful section is the tenant resource list at the end. One of the resources listed are regional offices for the Attorney General. Sounds like you can call the Attorney General's office for assistance/questions.

 

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