[mblackman]

Can a NY landlord, claim charges for the following: 1. cleaning an apartment myself?
2. an extra dog kept without landlord's permission 3. companion that lived for two months in the apartment without the landlord's permission.

[mblackman]

1. Cleaning an apartment that tenant left dirty if I do the cleaning myself? (I would not have a receipt to produce as evidence.) This would include stains on the carpet and hardwood floors caused by their dog and from partying.

2. an extra dog kept without landlord's permission (security for the 1st dog was received, but not for the second dog)

3. companion that lived for two months in the apartment without the landlord's permission, although verbally advised previously that this was wear and tear on the apartment. (The lease was signed by three individuals, not four.)

[JudyKayTee]

I have no idea if you're the landlord or the tenant BUT I will say clean up after you vacate can be charged against you; an extra dog, no; a companion, no.

What does the lease say? That could change everything.

[JudyKayTee]

Please post once - asked and answered.

[mblackman]

The following was partially answered under "small claims"; however, I left out some details and should have put it under a more suitable heading.

The question is: Am I entitled to the full security deposits based on the following episodes?

1. cleaning an apartment that tenant left dirty if I do the cleaning myself? (I would not have a receipt to produce as evidence.) This would include stains on the carpet and hardwood floors caused by their dog and from partying.

2. an extra dog kept without landlord's permission (security for the 1st dog was received, but not for the second dog).

(a) ALTHOUGH LANDLORD HAD A "NO PETS" POLICY AND UPON TENANT'S PLEADING WITH THE LANDLORD, A RIDER WAS ADDED TO THE LEASE AND SIGNED BY THE TENANT.

(b) THIS RIDER STATED THAT THE SECURITY DEPOSIT WOULD BE FOR THAT ONE DOG. THERE IS A DETAILED DESCRIPTION OF THE DOG IN THE LEASE.

(c) THE TENANT STARTS ALSO KEEPING THE DOG'S SIBLING -- THEY LOOK EXACTLY ALIKE. (HOWEVER, I CAN TELL THE DIFFERENCE BETWEEN THE TWO, BECAUSE THE LATTER DOG COMES TO THE PATIO WINDOW AND STARTS BARKING LOUDLY -- THE 1ST DOG WILL NOT BARK, JUST COMES TO THE WINDOW OUT OF CURIOSITY AND ONCE HE SEES ME GOES AWAY, BECAUSE THIS DOG RECOGNIZES ME AND MY FAMILY SINCE WE INITIALLY INTERACTED WHEN TENANT 1ST MOVED IN (THIS TENANT WOULD EITHER BE KNOCKED FROM DRINKING, MEDICATION, OR PERHAPS DRUGS -- NOT SURE -- BUT THE DOG WOULD BARK LATE NIGHTS INTO THE WEE HOURS OF THE MORNING NONSTOP DISTURBING EVERYONE -- NEIGHBORS INCLUDED. EITHER ME OR ANOTHER FAMILY MEMBER WOULD HAVE TO GO GET THE DOG AND BRING HIM DOWNSTAIRS, BECAUSE WE COULDN'T REACH THE TENANT BY PHONE, RINGING THE DOOR BELL, ETC. ONLY TO FIND OUT THE NEXT DAY THAT THE TENANT COULD HEAR US BECAUSE OF
"M E D I C A T I O N " THEY SAID THEY HAD TAKEN.

3. ONE EVENING: A VERY RANCHY PARTY. GUESTS THREW CIGARETTE BUTTS OUT OF THE WINDOWS, LANDING IN THE FRONT AND BACKYARDS -- A MESS! ALCOHOL DAMAGE ON THE WOOD FLOORS. A GUEST LITTERALLY "PEED" ON THE FLOOR OF ONE OF THE BATHROOMS OF A ROOMMATE. THESE ARE ONLY A FEW OF THE PROBLEMS HAD WITH THIS TENANT.

4. A FEW MONTHS BEFORE IT WAS TIME FOR RENEWAL OF THE LEASE, THE TENANT HAS A "COMPANION" MOVE IN FOR TWO MONTHS. (THIS WAS NOT THE FIRST TIME. PREVIOSLY, THERE HAD BEEN ANOTHER "COMPANION," WHO WOULD STAY NIGHTS AND WHEN THEY DIDN'T STAY, THEY STARTED LEAVING THEIR CAR IN THE DRIVEWAY EACH EVENING ("FREE PARKING") AND THEN WOULD GO HOME A FEW BLOCKS AWAY.

ALL OF THE ABOVE WAS DONE WITHOUT THE LANDLORD'S PERMISSION, although verbally advised previously that this was wear and tear on the apartment. (The lease was signed by three individuals, not four. The lease specifically states that only individuals signing the lease and immediate family should reside in the apartment.)

4. THE TWO OTHER ROOMMATES -- I HAVE HAD NO PROBLEMS WITH -- RENEWED THEIR LEASE ONLY BECAUSE I, AFTER FEEDBACK FROM THE THEM WOULD NOT ACCEPT THIS TENANT'S WANTING TO RENEW. THE ROOMMATES' WORDS FOR THIS TENANT WAS "VERY INCONSIDERATE."

I know I've been a little wordy, but I am trying to be very specific.

[ScottGem]

First, please don't start multiple threads for the same question. If you need to add info, then use the Answer This Question options. I've merged your three threads for you.

Second, adding a second dog or a long term guest are grounds for terminating the lease. But they are not grounds for keeping any of the security deposit.

Third, a security deposit can only be used to mitigate damages. You can charge for cleaning materials, but I don't think you can get away with charging for your time. However, I would give it a try.

Call a cleaning service or two and get an estimate on the costs of a cleanup or an hourly rate. Then send the tenant an itemized bill stating the time spent cleaning up. If the tenant takes you to court you may lose, but I doubt if they will bother fighting it.