Landlord holding security deposit against lease terms (NY State)
July 18, 2018 7:49 AM   Subscribe

After moving out of a rented house, the landlord is holding my security deposit because of the condition of landscaping that I'm not responsible for in any signed lease agreement.

Landlord is referring to trees that have become blighted and told me that if the plants rejuvinate, he will refund my deposit. The boilerplate lease I signed with him says I was responsible for "lawn maintenance" but no clearer definition of the "lawn." The landscaping is not on the lawn - the grass stops right before these trees - and, even if it were my responsibility, he has no proof that I caused any damage to anything. A few years ago, he did ask me to spray those trees with some pesticide, and I did as a courtesy, but he did not make it a requirement in any following lease addendums (which he had done with other issues).

YANML but how should I go about finding a remedy? Every other aspect of the lease was followed and rent was never late once. It is an obvious attempt to invent a reason to keep my money. I also think this person might cave after receiving a strong letter from an attorney or the threat taking him to court, any recommendations for NY lawyers (Ulster county) are also appreciated.

Thank you very much!
posted by eusebis_w_adorno to Law & Government (2 answers total)
 
This organization has some useful resources. Your income may or may not qualify you to use their legal services.
posted by mareli at 12:00 PM on July 18, 2018 [1 favorite]


Small Claims Court was made for this kind of thing. Prepare a complaint similar to what you've posted here but telling the story in more detail. Include a copy of the lease, including all addendums, all correspondence, and photos (before-and-after if possible) of the trees and the full lawn and all landscaping. I hope other responders will have additional ideas for your complaint.
posted by JimN2TAW at 12:43 PM on July 18, 2018 [1 favorite]


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