[harmony310]

I subletted my 3 bedroom at in NY this summer and 2 of the sublettors (who shared one of the rooms) paid a $300 security deposit. While I was away my soon-to-be new roommate was in the process of moving in when she notified me of the filth and disgusting condition of the apartment. I had immediately expressed my concern to the sublettors and requested that they begin cleaning immediately. Of course they didn't and as a result 3 days later my new roommate returned and apologized and could not live under those conditions. She could not move in and so I not only paid my share of the rent but what was to be hers. Now, upon my return to the city, I finally got a first-hand viewing of the place and it was exactly how my friend had described. Food crusted pots, pans and dishes sitting out, a completely grimy bathroom, food spills on the floor--I was shocked I didn't find bugs and mice. The place was asking for an infestation. Of course I was furious but I handled the matter with complete maturity. Upon seeing the sublettor's room I was even more upset. The room was a mess, open containers of chinese food on the floor, cigarette ashes all around and in glasses, not to mention pot and a smoking pipe and bong. Although not in the contract, I had verbally told them no smoking and drugs in the apartment. There is also damage to the sofa in their room (the cushion is ripped)

Now given this information my question is: Is it reasonable for me to withhold their $300 security deposit? They have cost me my new roommate, the cost of me covering both my rent and hers for the month of August, not to mention the 12 + hours I spent scrubbing and cleaning the place.

I took many pictures and have tons of evidence proving the uncleanliness and filth they have cost. I estimated the cost of a maid for the hours I spend cleaning and it is well over $300. I also don't want to fail to mention that a couple minor things they broke in the lease were failure to notify me if they'd be out of the apt for more than 7 days.

I really wish to avoid any legal/court situation here but I am exhausted and fed-up. The stress that these 2 guys have caused is unbearable and I cannot see any reason returning these security deposits. Illegal drugs alone are enough cause for an eviction right?

Any advice or info would be greatly appreciated!

[stevetcg]

Cleaning is not covered by the deposit, but damage is.

My best *advice* would be to keep the deposit and the pictures. If they want it back, let them sue you.

Please note I am not a lawyer and not an expert on real estate law.