Q: Does a tenant need to pay partial costs for items (fridge, cabinet, carpeting) at move out ? No lease in place.
Tenant lives in the Bronx and does not have a current lease. The landlord is asking they pay for repairs/upgrades needed to household items (ex. fridge, cabinet, carpeting). Tenant moving out at beginning of month, and paying for the full month. Landlord will be keeping deposit.
Is tenant responsible to pay for household items or is this considered wear and tear and not tenant responsibility?
Thank you!
A: Generally, the law in New York does not mandate that rent be prorated if a tenant occupies an apartment for only a portion of the month. Tenants are responsible for damage to an apartment during their occupancy but not for upgrade that are not made at their request.
Steven Warren Smollens and Roland Godfrey Ottley agree with this answer
A:
Your friend should ask the landlord to provide her with a detailed list of the repairs and upgrades that he is claiming are necessary, as well as an estimate of the cost of the repairs. She should then review the list to see if she agrees with the landlord's assessment. If she does not agree with the landlord's assessment, she should contact a tenant lawyer for advice.
As for the security deposit, the landlord is typically required to return the security deposit to the tenant within14 days after the tenant moves out. The landlord may be able to withhold some or all of the security deposit if the tenant caused damage to the apartment or if the tenant owes rent. However, the landlord must provide the tenant with an accounting of the security deposit, which should detail any deductions that the landlord is making.
Your friend should review the accounting of the security deposit to make sure that she agrees with the landlord's deductions. If she does not agree with the landlord's deductions, she should contact a tenant lawyer for advice.
Steven Warren Smollens agrees with this answer
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