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  1. #1
    Join Date
    Sep 2016
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    Default Sued for Repairs by Landlord Despite "Paid in Full" Check

    A tenant in New York moved out of an apartment, which he was renting month-to-month. He marked his final check "Payment in Full". Five months later he was served with a lawsuit for $4,000 in repairs to the apartment, and for several months of rent while the repairs took place. The landlord alleges that the apartment was severely damaged and that it could not be occupied during the repairs. Can the tenant avoid paying for the damage based on marking the check "paid in full", or because the landlord didn't provide him with any notice of the damages before performing the repairs?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Sued for Repairs by Landlord Despite "Paid in Full" Check

    When you mark a rent check "paid in full", that means at most that the rent that month is paid in full. It does not mean that any other debt is paid in full.

    If you paid a security deposit, the landlord must account for any deductions from the deposit within a reasonable time. That period isn't defined by statute, but is generally held to be between 21 and 45 days depending on the facts of the case and the court. There may be a local ordinance on point. If you didn't pay a deposit, then there is no deadline for notice. However, I see nothing that suggests that you can get your deposit back based upon late itemization, if in fact you caused damage that exceeds the deposit.

    If you dispute the debt and want a full or partial refund of your deposit, file a counterclaim.

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