SWARM stands for Stratford, Westminster, Argyle, Rugby and Marlborough, the five streets off of CIA. We bought a two family on Rugby a couple of years ago, just finishing a major renovation, and we love the hood. We have an infant and find the area to be kid and family friendly. It is quite diverse, we feel very safe here. True, it definitely helps to have a car and be able to drive for shopping/restaurants, etc, but overall a good quality of life for a young family.

Posted by: mh at July 22, 2008 11:45 AM in response to thinking of Ditmas Park

We used Mondial tile for countertops and were very happy with their service. 718-232-0800

Posted by: mh at July 23, 2008 9:38 AM in response to Inexpensive Ceaserstone

Agree Warren St in Hudson can be expensive, but we also some good bargains with some searching. There's an armory type place off the main drag that's kind of a clearinghouse, and they'll hook you up with someone to deliver back to Brooklyn

Posted by: mh at July 28, 2008 10:00 PM in response to Antique Road Tour

Agree with Steve, try Fortunoff's

Posted by: mh at August 11, 2008 12:59 PM in response to where is good place to buy patio furniture?

U-G-L-Y, you aint got no alibi

Posted by: mh at August 28, 2008 11:52 AM in response to BHA Wants Waterfalls Shut Down

I think you'd have a strong case in small claims court. I would call the landlord and try to discuss with him (yeah right), then send a letter informing him that you plan to pursue the legal route. Repainting the apartment is generally part of normal wear and tear, and may even be required by law when a new tenant moves in (though probably never enforced), and the other things you mentioned also sound like normal wear and tear that should not be taken from the security. I am a landlord in a two family, and I think you've been wronged and should pursue this.

Posted by: mh at September 8, 2008 3:42 PM in response to Security Deposit

try aspenlighting.com

Posted by: mh at September 23, 2008 10:31 AM in response to Lighting Fixtures

I've had good experience with Econ-o-Sewer. Reliable and reasonably priced 718-338-8484

Posted by: mh at September 25, 2008 1:09 PM in response to sewer co. recommendations

Truly obnoxious - sounds like a real asshole. But what the person said above it true - unless you know your landlord well, don't pay last month's rent. Ask for the deposit back and then pay it.

Posted by: gkw at September 8, 2008 4:17 PM in response to Security Deposit

The advice to withhold rent is bad advice and would definitely bring an action on the part of any landlord who's paying attention. The court outcome isn't that important, if you get a judgment against you it will harm your ability to rent the next apartment you apply for.

That doesn't mean the landlord is right, and from your description it sounds like a game of chicken.

There is no question you should file a claim in small claims court; document everything, bring your video, bring as much to support your case as you can. Sue for the amount withheld, plus any costs you incur, legal fees and otherwise. Go before a clerk, you'll get heard quicker and you can always go before a judge if you can't settle. Let the landlord state his case first, take notes, present your case, and refute what you heard as it fits. Get some advice from a landlord/tenant lawyer on the laws governing security deposits.

Also, if there are truly illegal renovations that were made, report them to the dept of buildings.

Posted by: raphael9 at September 8, 2008 4:30 PM in response to Security Deposit

I though I would mention that small claims court is not a big deal and I think a great option in this case. If you can spare 1.5 hours, the city will send your landlord a scary looking letter from the city. The only time I was forced to use it, the day of the trail, I had a check messengered to me. No landlord wants to appear in court. It will give you a leg up in negotiating.

Posted by: Argyle Road at September 8, 2008 4:34 PM in response to Security Deposit

I, too, am a landlord & would discourage the withholding of rent - it's illegal & unfair: you have entered into a contract & should live up to your own standards of behavior. I also go along w/ the idea of taking it to Small Claims Court (who tend to be on the tenant's side.)

I almost always return all of the deposit even though it's tempting to deduct for picture holes & other minor damage. Most painters aren't going to charge for those fill-ins & they don't take much time so, again, I have to live w/ myself & couldn't justify nickle & diming someone who has been a good tenant.

I bet most small landlords are fair - in many cases we've established long-lasting relationships w/ tenants.

Posted by: Arkady at September 8, 2008 4:41 PM in response to Security Deposit

I too do not agree with advice to withhold rent--rent and security are distinctly different, and withholding rent as a method of exiting apartment is a clear violation of your contract (lease), and will put you at deficit if you wind up in court. Start by using certified mail to matter-of-factly request receipts to support the charges by landlord. For information on security deposits, see: http://www.housingnyc.com/html/resources/dhcr/dhcr9.html
In terms of returning security, the key words for assessing your situation are: "At the end of the lease, if the tenant honored the terms and conditions of the lease and left the apartment in the same condition as it was when rented, except for normal wear, the owner must return the full security deposit." When reading DHCR fact sheet, keep in mind that there are differing requirements concerning interest bearing accounts, etc. depending on building size, rent regulation, and other variables, so don't be too quick to include new issues. DHCR fact sheet describes one remedy through Small Claims.

Posted by: vinca at September 8, 2008 6:34 PM in response to Security Deposit

BTW, see also: http://www.housingnyc.com/html/resources/attygenguide.html, especially the section titled "Rent Security Deposits".

Posted by: vinca at September 8, 2008 6:57 PM in response to Security Deposit

Denton:

"By the time you get him to housing court the lease would be up and the judge would order you to accept the security deposit as back rent."

Maybe.

Or, you let the tenant live out his deposit. Then he decides not to move out. And still doesn't pay rent. THEN you begin eviction, but you're now two months behind where you would have been if you began eviction when he decided to live out his deposit. And you don't have any of his money left.

Posted by: curiositykilledthecat at September 8, 2008 7:16 PM in response to Security Deposit

To add to my original posting - some of the damage in the hallway (and I use that word lightly - with the exception of two spots on the wall, the scratches and scrapes have to be pointed out otherwise you'd easily miss it) was caused by the previous tenant.

The landlord said that he had already charged the previous tenant for the damage so I would only be liable for 2/3 of the damage - what he considered my doing.

So, my question is this, what if none of these outrageously priced repairs are even taking place? Does the previous tenant know that their deducted security deposit was sat on, and never actually applied to fixing anything?

Posted by: hotelcharliebravo at September 8, 2008 8:00 PM in response to Security Deposit

HCB, you can tell I'm right. All the landlords are pissed!

All I can say, is that someone who's lived quite a while in NYC, like 54 years, renting for many of those years, that it's fair and square to live out that security.

Curiosity, I hear ya. I'm not advocating slimy tenants. This thread started cuz of slimy landlords, right?

If you live out your security, it's all fair and square. You leave with your rent paid in full, the landlord has none of your money. Everything's even and hunky-dory. If you let the landlord decide to give it back, you as a tenant have less leverage. As a tenant, you most likely have less financial assets, and less knowledge of the housing laws. As evinced by the OP. Therefore, you are fighting an uphill battle against a wiser wealthier adversary.

Vinca posted the following, which quotes:
>

What is not mentioned in this lovely link, which you can share with your landlord, is that there is no mechanism to FORCE the landlord to comply with what is stated. You will have to, as mentioned by others, file suit in small claims or housing court.

The OTHER link posted by Vinca, states:
"If the tenant disagrees with the owner over the return of the security deposit or payment of interest, and if the problem is building-wide, the tenant may contact the Consumer Frauds and Protection Bureau of the New York State Attorney General's Office. Where the problem is not building-wide, the tenant may begin a proceeding in small claims court. The tenant can file a "Tenant's Complaint of Rent Overcharges and/or Excess Security Deposit" (DHCR Form RA-89) if the owner demands the tenant pays more than one month's security."

Again, the onus is on you to file suit. And if you win all you get back is your stinking security deposit. There is NO penalty to the landlord beyond having to return your own money!

That is why all these sleazy NYC landlords won't give you back your deposit! If they simply refuse, you have to go to court. Chances are you won't due to the time and trouble, so they get to keep your money. If you do, all they lose is the money they owe you in the first place!

Slopefarm has it exactly right when he states:

That's what the landlord is counting on. You probably will (let it slide), and that means you paid an extra $200 per month in rent. And he'll give it to the next tenant too. And so on.

Where are all the tenant advocates on this one??? lol.

I said it before and will say it again: I'm sure the vast majority of 'Stoner landlords who are responding to this thread are decent people who wouldn't do such a thing. In fact I'm sure Arkady is correct when s/he states

But I think many of the problems are with landlords who own a few buildings, not 'Stoners who have an apt or two in their brownstone.

PS: I own a summer home that I rent out most of the summer and always return the security deposits!

Posted by: denton at September 8, 2008 8:05 PM in response to Security Deposit

Same thing happened to us when we moved out of our last place. I paid a lawyer $250. to write a stern letter stating we had videotaped evidence that it was left in good condition.

He's not going to want to go to court. He'll return the money.

Posted by: TownhouseLady at September 8, 2008 8:51 PM in response to Security Deposit