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Do I have to repaint if they keep my security deposit? — Brooklynian

Do I have to repaint if they keep my security deposit?

lnelson
lnelson
edited November -1 in Park Slope
I had to break my lease because I'm moving out of state, and I'm going to lose my security deposit. That sucks, but fair enough. Do I have to repaint my apartment back to white before I leave, or is that covered by the security deposit?

(I DID pay rent for the last month I was here, and the building has several long-empty units so apparently there's no rush for the management co to make money; hence the extra month's rent from the security deposit is really pure gravy for them. But I don't think I'd win an argument asking for it back on that premise.)

Comments

  • nykittyny
    nykittyny
    No - its not like they are going to try and drag you into small claims court for the cost of some white paint. They already have your security, it will be fine.
  • bradedward
    bradedward
    NO
  • burns
    burns
    No.
  • sarahb
    sarahb
    No.
  • carnivore
    carnivore
    Definitely don't bother. The landlord has to paint before new tenants move in anyway.
  • armchair_warrior
    armchair_warrior
    nope don't bother.
  • lnelson
    lnelson
    :D/
  • swngnmonk
    swngnmonk

    Subject: Re: Do I have to repaint if they keep my security deposit?

    lnelson wrote: I had to break my lease because I'm moving out of state, and I'm going to lose my security deposit. That sucks, but fair enough. Do I have to repaint my apartment back to white before I leave, or is that covered by the security deposit?

    (I DID pay rent for the last month I was here, and the building has several long-empty units so apparently there's no rush for the management co to make money; hence the extra month's rent from the security deposit is really pure gravy for them. But I don't think I'd win an argument asking for it back on that premise.)

    Have you read your lease?

    The security deposit is for *damage* to your apartment, it's not insurance in case you bail out before your lease term is up.

    I don't know your lease, and I am not a lawyer, but the way most leases are written, If your landlord wants to, they can come after you for the balance of your lease payments and force you to pay up. If you left the apartment in pristine shape, you can *then* get your SD back.

    As for painting, again, read your lease. That's never been a clause in any lease I've ever seen or heard of.
  • swngnmonk
    swngnmonk
    Ah, just saw the "back to white" bit. If you painted the apartment another color, all bets are off. good luck!
  • thov4
    thov4
    what color are we talking about? Unless you painted it some deep, dark color which will take multiple coats to cover, I still think you're okay.
  • lnelson
    lnelson
    one wall is a deep color. perhaps i shall paint over that one. the rest are light.
  • whynot_31
    whynot_31
    why don't you ask the LL?

    He/she could say "nah, don't worry about it" or "if you leave it that color I'll take $100."

    ...you could then decide whether it is worth the $100.
  • patriciab
    patriciab
    ^this
  • mpmav1
    mpmav1
    No.
  • widget
    widget
    OK, why should the tenant feel he/she needs to "get away with" not painting?
    Leases are legal contracts.
    Perform your duties in the contract and no problem.
    If you don't, i.e. breaking the lease, expect to suffer the consequences.
    The Landlord can pursue you for the remaining rent on the lease term.
  • nykittyny
    nykittyny
    In my six years as a rental broker I have never once known of a Landlord to come after a tenant who was breaking the lease for anything more than the security deposit. Leases have all sorts of boilerplate language to protect the parties involved....not all are upheld.
  • joehill
    joehill
    how long did you live there? do you know when the last time it was painted? Your landlord has to paint every three years anyways:

    see here:

    Am I entitled to have my apartment painted?
    Yes, the landlord must paint occupied apartments in multiple dwellings (buildings with three or more apartments) every three years. (NYC Administrative Code §27-2013).
  • goodprospect
    goodprospect
    Hubs and I had a landlord come after us for the balance of the rent owed when we were buying a place and needed out of the lease a few months early......so it can happen!
  • nykittyny
    nykittyny
    GoodProspect wrote: Hubs and I had a landlord come after us for the balance of the rent owed when we were buying a place and needed out of the lease a few months early......so it can happen!
    But he didn't get it. right?

    Landlords and tenants can certainly be terrible with one another and come after each other for just about anything....sorry to hear it happened to you.
  • whynot_31
    whynot_31
    NYkittyNY wrote: [quote=GoodProspect]Hubs and I had a landlord come after us for the balance of the rent owed when we were buying a place and needed out of the lease a few months early......so it can happen!
    But he didn't get it. right?

    Landlords and tenants can certainly be terrible with one another and come after each other for just about anything....sorry to hear it happened to you.

    We are going off topic ...but yes, they CAN go after a tenant for the duration of the lease, and will often get it.
    http://www.brooklynian.com/forums/viewtopic.php?t=57954

    I assume the OP has established a written "lease termination agreement" with the LL, hence she is just wondering about paint.
  • drano
    drano
    I say break out the crayons and have some real fun.
  • toadette
    toadette
    GoodProspect wrote: Hubs and I had a landlord come after us for the balance of the rent owed when we were buying a place and needed out of the lease a few months early......so it can happen!
    Happened to a friend of mine, too.
  • doo
    doo
    Hi everyone. Sorry for hijacking this thread, but since the painting issue seems resolved, I thought I'd ask this here rather than starting a new topic.

    Simple question: If our lease ends on, say, August 31st, are we required to be out of the apartment by midnight that night, or do we legally have some leeway on September 1st? I know this seems like an obvious question, but I thought maybe there was some kind of regulation that mentions this directly. I can't find anything in my Googling.

    Also, in case anyone has a minute to share their thoughts, how do you handle those situations where you have to be out of one apartment one day but can't start moving into your next apartment until the next day? Both apartments in Brooklyn. Again, simple question, but a toughie nonetheless. Renting a truck and parking it somewhere overnight seems like the best solution, but I think we want to hire movers this time around.
  • mpmav1
    mpmav1
    you are legally required to leave at 11:59 pm on August 31.

    That said, how you handle is just let your landlord know that there is nothing you can do to get out on time. Just be open and honest with them... they are VERY used to this situation as it's a constant problem in NYC.

    It's a loose loose situation as you just make the next person not be able to move out of there apartment on time.... but, what are you going to do.
  • mpmav1
    mpmav1
    And yes, they legally CAN go after you. That said, they almost never do as it's simply not worth the effort (typically) for a single month rent. Housing court in NYC is just about as much fun as hell, and can take 7-8 appearances to get anything done.

    The best way to deal with any of these situations is just try to be reasonable, open, and honest with your landlord.
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