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Updated over 14 years ago, 05/05/2010
Need help with NYC security deposit issue~
This past year I have rented out my 4 bedroom in Manhattan to some girls. I am not the owner, I am the master leaseholder and I sublet the place to them. The tenants were required to pay me 1st, last, and one month security deposit. One of the girls that most recently moved out is seeking her deposit back and I do not intend to give it to her for the following reasons:
1) she painted her room an ugly salmon color and was asked to repaint/restore the room back to its original condition (white). She failed to do so.
2) she was a pig and left the place an absolute disaster, especially in the kitchen, where she left old food in the fridge, in cabinets and trash boxes all over. I found mouse droppings under the stove and in her cabinets. It took me 2 entire days to clean up after her. I was literally on my hands and knees scrubbing.
3) I had asked the tenants to use the utilities conservatively. She constantly used the washer/dryer (3/4 loads a day, 3 days in a row sometimes) and I just got the ConEd bill which was adjusted for the past 6 months. I had been getting an estimated reading because the owner wasnt allowing the reader to get in to check the meter and I wasnt aware of this... I was just handed an adjusted bill that totaled $3,690 for the electricity usage during those 6 months which is absurd to say the least. I am not placing the full responsibility on her entirely (there were other tenants that used it) but she is certainly responsible for a good share of that.
So with all of the aforementioned info, am I in my right to use the deposit to pay for the "damage" done by this nightmare tenant?
Thanks