My question involves landlord-tenant law in the State of: New York.
Hello and thank you for taking the time to read this. My situation is as follows:
I was in a one year lease of an apartment. Approximately one month before the end of the lease, I told the landlord I was leaving. About two weeks later I received a letter from the landlord saying that the lease required 45 days notice to terminate the lease, and since I had given less than 45 days notice I would be responsible for the next months rent. I left the apartment on the last day of the lease and several months went by without hearing from the landlord.
I called the landlord on three separate occasions asking for either my security deposit or a letter explaining why the deposit was being withheld. In each case, the landlord said they were keeping the deposit because of the automatic renewal clause. In each case the landlord promised to send a letter to that effect, but in each case the landlord failed to do so.
I did some research and sued the landlord in small claims court asking for the return of my security deposit since his automatic renewal clause violates General Obligation Law section 5-905 since he never gave me notice of the automatic renewal.
He counter sued me saying that he is owed one months rent (due to the automatic renewal provision; I don't think he knows of the existence of 5-905), and money for (1) a missing smoke detector, (2) carpet cleaning due to "excessive odor" and (3) cleaning due to the apartment not being in broom clean condition.
Questions:
1) Broom clean. I have several photos showing the apartment in clean and pristine condition after we took our furniture out. I also have a fellow tenant and relative who helped me move to testify that the apartment was clean. I think the pictures alone are enough proof to overcome his claim of cleaning charges. Can anyone provide any other evidence I might be able to produce to show the apartment was clean?
2) Excessive odor. How do I prove this isn't true? Even if there wasn't excessive odor, he may have shampooed the carpets as routine upkeep so he might have a cleaning invoice. Likewise, my pictures will prove that the carpet was clean, but not that they were odor free. I can show that no one smoked in the apartment and that we never had parties. We had a cat, as permitted by the lease, which never once went to the bathroom outside her litter-box. But how can I prove that? I can also produce witnesses (friends and relatives) who were in the apartment around the time we moved out. What else can I do to make my point here?
3) Missing smoke detector. Another BS claim, but one that is tough for me to prove. My new place has hard-wired smoke detectors, so I guess that might show I didn't have the incentive to steal one. Is there anything else I can do? I don't even know which smoke detector he is talking about or whether it was ever there.
My thought on this is that the landlord manifested his intent to steal my security deposit two weeks before I even moved out when I got the letter saying he would would keep it because of the prohibited automatic renewal clause and that he missed his chance to make these additional claims when for close to half a year he refused to send a letter explaining why the deposit was being kept. But what is to stop him from lying and saying he did send a letter or did tell me over the phone about the additional claims? How can I strengthen my case so it's not just my word against his?
Lastly, I've learned that since the building had more than six units the landlord was required to keep our security in an interest bearing account and he was required to give me notice of the bank at which the security was kept. He did not. That doesn't mean he didn't in fact put it in an interest bearing account. I guess I will find out. How can I use this to my advantage?
Thank you! I know this was long and I am grateful for anyone that wades through it and responds.
Disclaimer: This internet posting is intended to seek advice on the general issues I am facing. I do not claim that the facts presented here are exactly true to the situation at hand, and, in fact, I've made certain changes for the sake of brevity and clarity, and in certain cases, to conceal my identity.

