Help international student with tenant laws!

brocaknows · February 2011

Hi everyone,

I am an international student on my last semester in school. I will be leaving NY and returning home late June. I rented an apt and have had lots of issues. The latest- my landlord told us (the tenants) that they had to pay $3000 to repair a pipe blockage caused by us (they said we flushed tampons and paper towels- which I'd never do), and that we´d have to pay for it. My neighbors are moving out next week and the landlord is refusing to give their security deposit back. They said they would probably have to go to court. I will be leaving NY a month before my lease is up and can´t afford to pay an extra month of rent... Can I use the security and last month payments as my final two months´s rent payments or is that illegal? What can I do? I can't come back to the US to go to court and things like that...

tsarina · February 2011

That must be one hell of a blockage!

Is the blockage in the toilet? A five minute job with a $40 dollar tool will fix that.

If something was dropped in the toilet and lodged so it is irretrievable, then you remove the toilet and replace it.

If the waste line of the building got clogged, then a drain cleaning guy can snake it for about $50 dollars. I do this once a year to prevent blockages and overflows.

Sounds like he is trying to take you because you wont be around for court.

As a landlord, I would never suggest you pay the last months rent with the security, but... You say this is only the latest issue. Are there any other damages in the apartment that may require reimbursement from the security deposit?

$3000 is absurd. look for a NY tenant organization that will help you with this guy. Good luck.

(I would not pay that last month and let him take you to court)

bohuma · February 2011

If you are leaving the country, your best bet is to not pay him another dime and use the security deposit as the last month's rent. This is generally a bad idea if you plan to rent again in the USA, but if you're getting the hell out of Dodge, it doesn't make a difference. There are landlords out there (they inhabit every corner of the globe as far as I can make out) that prey on those they consider vulnerable, your landlord sounds like one of them. Cut your losses.

brocaknows · February 2011

@tsarina- nope, the blockage was supposedly in the waste line and they said they had to clean it 3 times! (and didn't tell us about it the previous times...). The problem with paying with the security is that I also paid last month when I signed, so I'd have to not pay the last two months...

@bohuma- I wouldn't wanna shoot my chances of ever renting in the USA again, but I'm still considering it because I don't want to have to fight in court for a security deposit from another country...

armchair_warrior · February 2011

if you don't plan on coming back, screw him and tell him you're not coming back and if he screws you over the deposit, tell him you'll wreck the place for the amount of money that is owed.

modsquad2.0 · February 2011

Yes you can use the security for last month's rent, although not technically legal.

A landlord may use the security deposit as a reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment, or a reimbursement for any unpaid rent.

Also:

The landlord must return the security deposit, less any lawful deduction

Since the landlord has signaled his intentions now you have a right to pursue the return of your money now.

I would ask for copies of any bills or at least a written statement now from the LL describing the job plus the price. If he's unwilling to do this then I would still write back, certified, describing to the best of your recollection what he told you, what the charge was, and how it was caused.

I would go on to state that not only is the price absurd,(Throw in a couple of over the internet quotes for the same work here), there is no evidence that you caused it and furthermore the "drain" is not part of the apartment, therefore not your responsibility, as required by law.

Ignore the fact that you do not intend to pay any more rent.

Send your letter certified and cc it the the Attorney General's office in Albany along with a copy of the complaint you filed with them:

http://www.ag.ny.gov/resource_center/complaints/pdfs/cns001web_consumer.pdf

At the very least this letter will show a legitimate dispute that will negate any attempt on the LL's part to pursue damages in any court. Give a friend here copies of all this in case delivering to a court is required.

Did I mention that the price of pursuing you and getting an uncontested judgment would cost more then what the bogus plumbing job cost?

tsarina · February 2011

The blockage in the waste line is not directly attributable to you (tampons maybe, but these don't usually clog the waste lines) The paper towels would seemingly be the issue, and again this cannot be traced back to a particular tenant.

I would do what modsquad suggested re the attn gen. office, and not pay the last two months rent. Leave your apartment clean and take pictures to document it. The landlord is not going to waste money taking you to court since any judge would laugh at the dollar damages he is charging for three clean outs. You will not screw up your record.

cristina · February 2011

I´m reading your post and I´m BOILING INSIDE!!!!! Agrrrrrr..... This bastard is clearly trying to take advantage of you. $3000 is beyond stupid. Follow Mosquaid advice and do not let this cabron fuck with you. Sorry for the language, but I´ve been where you are and I know how bad it feels. Good luck!!!

brocaknows · February 2011

@modsquad2.0 Wow thanks! That is such useful advice. You're totally right, they have stated their intentions. So I'll get moving.

Thanks everyone for your support and advice. It helps to get advice about these things I know nothing about.

Help international student with tenant laws!

Comments

Howdy, Stranger!

Categories