WWMD: Landlord Security deposit BS

**krp8128** · 10-09-2013, 04:30 PM

Background:

I just moved for NY to VT for a new job and had to break my lease. There is a lease cancellation fee (I am OK paying this, as I will be reimbursed for it as part of my relocation.) called out in the lease, which is equal to the security deposit. My landlord also owed me money for overpayment of utilities (I paid $100 per month to her separate electric bill, my bills over the summer were lower so i was ahead)

In an effort to re-rent the apartment ASAP and get me off the hook for additional months rent, i offered to paint the interior (for the price of materials), list and show the apartment and turn any prospective tenants over to her for a lease signing. I lucked out and had a girl in 2 days ready to sign the lease that was effective 10/1/13.

I also cleaned to apartment floor to ceiling spotless before i left, and have photos to prove it.

I get the following in the mail today:

Security deposit: $925
Lease cancellation fee: $-925
"good faith" deposit return*: $462.5
Fee to repair ignition on stove: $-153
Utilities overpayment refund**: $103.61

Amount returned: $309.5

*I had negotiated this as a definite return, as I did the legwork of re-renting. The verbal on move out day was also that if the new tenant paid 1st month rent in full, I would get my full deposit back as the landlord wouldn't loose any money in rent.
**suprisingly she got this right, on 3 occasions i had to show her a running spreedsheet I keep and where her math went wrong. Originally she said i owed over $90

As i said earlier, I have no problem just paying the $925 cancellation fee straight up, as work is paying for it. They won't pay for BS repair fees. She even claims that she should have charged me for painting (note: was not painted when i moved in in 2011, there were still nails in the walls, and I filled and painted everything before moving out)

Here is her letter:

Really she is only cheating me out of $153, but its the principle and lack of understanding regarding tenants rights that is pissing me off. WWMD?

**that dude who did that thing** · 10-09-2013, 04:33 PM

HOw is she cheating you out of $153? Was the stove working or not?

Regardless, let it go.

**Moeghoul** · 10-09-2013, 04:35 PM

Buy a fancy eggbeater and a case of beer and go to Ullrfest.

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**krp8128** · 10-09-2013, 04:44 PM

Originally Posted by Jamespio

HOw is she cheating you out of $153? Was the stove working or not?

Regardless, let it go.

Worked fine when I left, and besides, unless i did something that specifically damaged the stove it is her problem to fix per NYS tenants bill of rights.

**Conundrum** · 10-09-2013, 04:46 PM

Leave $153 worth of unwrapped frozen burritos in her duct work. You didn't break the stove, you didn't leave the burritos there either. It would probably take a week or two for anything to start to smell. If you're not willing to do that, I'd say walk away.

**Supermoon** · 10-09-2013, 04:52 PM

You broke your lease, but are still getting $150 bucks from your landlord, AND you're getting a grand from your new job to cover some of the fees?

I'd be pretty happy about that if it were me. Principles or not.

**krp8128** · 10-09-2013, 05:03 PM

it just really irritates me that after I helped her out (cleaning her garage after her stroke, fixing things at cost) she turns petty and difficult. Rather then being stressed out the week I moved, i should have just said fuck it and paid the full fee.

I had a decent savings account, but lost 3 weeks of pay in September between the severance from my old job and when the new job started. That combined with the move, paying rent in 2 places last month, new security deposit and filling my new oil tank has drained my accounts. $153 helps, and the principle bothers me. I treat people right, and expect the same in return.

**jfost** · 10-09-2013, 05:04 PM

Originally Posted by Phildo_Baggins

You broke your lease, but are still getting $150 bucks from your landlord, AND you're getting a grand from your new job to cover some of the fees?

I'd be pretty happy about that if it were me. Principles or not.

yeah really, he BROKE HIS LEASE that he promised to pay!!! If there exists the same moral outrage over leases that there is surrounding mortgage obligations, you're fucked in the court of public opinion.

**jfost** · 10-09-2013, 05:05 PM

Originally Posted by krp8128

...the principle bothers me. ...

can you just switch to biweekly payments to pay it off sooner?

**krp8128** · 10-09-2013, 05:11 PM

Originally Posted by jfost

yeah really, he BROKE HIS LEASE that he promised to pay!!! If there exists the same moral outrage over leases that there is surrounding mortgage obligations, you're fucked in the court of public opinion.

Yes, i broke the lease. i also went above and beyond to paint the apartment for free (labor), list it and find an appropriate and suitable tenant. All the lanlord did was sign a new lease, minimal effor ton here end. But she can go ahead and charge me the fee.

I take offense to the BS wording regarding the painting ("reasonable wear and tear" according to New York State law AFAIK) and charging me to repair a "faulty spark module" on a gas stove that she owns (wording is per the attached bill).

**liv2ski** · 10-09-2013, 05:11 PM

I never heard of a lease cancellation fee??? In CA your on the hook for the rent until a new tenant moves in. Sounds like you got a tenant in there right away so there was not much of a rent loss. Certainly not what you were charged for breaking the lease. I would look into NY tenant / landlord law and see if you could get most of the $925 back.

**jfost** · 10-09-2013, 05:15 PM

Originally Posted by krp8128

Yes, i broke the lease. i also went above and beyond to paint the apartment for free (labor),...

I totally agree with you, I was just using your case as a rail against those who would attach morals to a business contract like a mortgage.

**bad dancer** · 10-09-2013, 05:15 PM

I am a renter. We are moving next month. Gave notice of 45 days. We have lived hear for 11 years. The place has been marginaly maintained due to the fact that I just plain never complain about anything and usually fix shit myself. We have painted, ripped carpets out, put new mirrors on the bathroom wall, broken closets that quite frankly were just pieces of shit. Generaly a pretty good tenant. I've got 3 teenagers and we have "used" the place quite well. I hope to get my damage back after cleaning, and general repairs which I presume I am responsible for. All that said, If my landlord decides to screw me over, I'll probably just walk since i am now paying significantly less at my new place. "Don't break your lease" is the general rule of thumb among renting.
Being a landlord probably sucks with tenants who always think they are "owed something" It's a business after all isn't it ? Try doing that in a commercial lease...Good luck with that one.

**krp8128** · 10-09-2013, 05:18 PM

Originally Posted by liv2ski

I never heard of a lease cancellation fee??? In CA your on the hook for the rent until a new tenant moves in. Sounds like you got a tenant in there right away so there was not much of a rent loss. Certainly not what you were charged for breaking the lease. I would look into NY tenant / landlord law and see if you could get most of the $925 back.

I paid rent through 9/30, new tenant paid rent on 10/1 for this month.

Not seeing anything about straight cancellation here, but the sublet portion supports what you have said. My lease also allowed for subletting.

**krp8128** · 10-09-2013, 05:25 PM

Originally Posted by bad dancer

I am a renter. We are moving next month. Gave notice of 45 days. We have lived hear for 11 years. The place has been marginaly maintained due to the fact that I just plain never complain about anything and usually fix shit myself.

This was me, except I was going on 3 years there. I fixed minor things that bugged me, and took care of a few major things that weren't my fault but bugged me and I figured based on the previous repair wouldn't get fixed correctly anyways, and I might even get blamed for the damage (bad caulking at base of shower). The only things I "complained" about were:

-Mice in the walls and kitchen fall of year 1. Was told "that's part of living in the country-get used to it". I offered to seal holes with foam and trap mice at cost, she agreed.
-Holes in screens spring of year 1. I offered to fix them, as she had just had a stroke and was still recovering in a hospital. Her son (who was in touch with me) checked with her and she paid for materials

I let her know that I had been layed off, but was good on rent between my savings and unemployment. As soon as the job offer out of state presented itself I let her know, when the dates were firming up we met and discussed the painting and re-listing of the property.

Right now my plan is:
-Submit expense report to relocation service for $462.50, the amount charged as a cancellation. (I have to fight this, as they want to see a distinct bill and payment, she would not do it that way)
-Deposit check tomorrow
-Send a copy of the NYS tenants rights to her, with portions highlighted, asking her to kindly reconsider her position on the bill for the stove.
-Wait for check to clear, then possibly inquire with local code enforcement if she is legally renting the apartment.

**krp8128** · 10-09-2013, 05:32 PM

BTW, just remembered a year or so ago the ignition on the oven went bad, but she paid for that no questions asked.

**toast2266** · 10-09-2013, 05:37 PM

Be happy you only ended up $153 in the hole. Save your moral outrage and principles for more worthwhile endeavors.

**systemoverblow'd** · 10-09-2013, 05:45 PM

You break a lease and you're doing them a favor by renting it out to fulfill your lease? And you're bitching over 150? They are lucky to be rid of such a db!

**riser4** · 10-09-2013, 05:46 PM

Forget about all this, I still want the TR with pics for the visit to the hippy chick.

**crackboy** · 10-10-2013, 09:34 AM

technically she needs to provide a receipt for any repairs made and can't just say you owe such and such.

but its probably not worth the hassle to fight it

**Gman** · 10-10-2013, 12:58 PM

pound sand

**snapt** · 10-10-2013, 01:22 PM

Landlords suck, she seems like a less shitty landlord than average. plus she wished you well, move on. end thread.

**OldLarry** · 10-10-2013, 01:32 PM

Was this your one and only apt in New York? You are getting off WAY easy. Shit, my policy was to assume I was getting none of the deposit back and act accordingly.

**exsparky** · 10-10-2013, 02:10 PM

How much time have you spent on this already?
How much is your time worth?
If you spent another 4 hours on this would you still be in the black if you got paid off?

Time spent x time value x probability of pay off = $150?

10 hours x $25 per hour x 60% = $150

I'd rather do something else.

**hortence** · 10-10-2013, 04:03 PM

I'd put this in that special place in your heart where you store grudges. Let it sit there and fester. Every few month, drive back to the town and slowly pass your landlords house. Practice your look of menace. Let it fester and rot, let it build until your rage and hatred for landlords is transferred to all of humanity.

With any luck it'll turn into cancer, or a case of the shingles or maybe just a bitchy resting face.