Farmingville, NY asked in Landlord - Tenant for New York

Q: Can a landlord impose a fee, outside of deducting from the security deposit, for "normal wear and tear"?

My Landlord has sent a new lease for the year with added language, different from the previous lease, that stipulates that I agree to "pay the sum of $350 as and for the Landlord's cost to clean and sanity the appliances and offset the Landlord's cost of ordinary wear and tear associated with the cleaning and repainting of the apartment. The above fee does not cover costs to repair damages above ordinary wear and tear or clean carpet". It is terribly worded, but that is what it says. I am aware of the ordinance that forbids Landlords from deducting "ordinary wear and tear" from the security deposit, but they have made me speak to their Lawyer to claims that this is allowed because this fee is to be imposed upon moving out and is outside the deposit. He challenged me to find the law that forbids this. It seems very predatory, is there any other ordinance I can point to?

Related Topics:
1 Lawyer Answer
Toshinori Isoai
Toshinori Isoai
Answered
  • Landlord Tenant Lawyer
  • New City, NY
  • Licensed in New York

A: It's a contract, so as long as the parties thereto are in agreement with the conditions and terms, then the clause can take effect (enforceable). Negotiating a lower amount or adding a phrase that allows you to get your own cleaning company at Tenant's expense, etc, may be your option here.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.