Dear [Landlord’s Name],
This letter serves as a
formal demand for the immediate removal of unlawful move-out charges assessed to me for so-called “refreshing” of the apartment at
[Apartment Address], which I occupied for approximately
30 months.
Under
New York General Obligations Law § 7-108, a landlord may charge a former tenant
only for actual damage beyond normal wear and tear. Routine turnover costs—including general cleaning, repainting, cosmetic repairs, or “refreshing” a unit after a long-term tenancy—are
explicitly considered normal wear and tear and are
not legally chargeable to a tenant.
The charges you assessed are ordinary make-ready expenses incurred to prepare the apartment for re-rental. These are the landlord’s responsibility under New York law and
do not constitute tenant-caused damage.
Additionally,
GOL § 7-108(1-a)(d) requires landlords to provide an
itemized statement of any lawful deductions and limits deductions to legitimate damage. Any improper withholding or assessment exposes the landlord to liability, including
return of all improperly withheld amounts, interest, court costs, and statutory damages.
Your attempt to charge me for routine “refresh” work after a 30-month tenancy is
unlawful and unenforceable.
DEMAND
I hereby demand that you:
- Immediately remove all improper move-out charges, and
- Confirm in writing that my account balance has been corrected.
If this matter is not fully resolved within
10 days of receipt of this letter, I will proceed without further notice to:
- File a claim in New York Small Claims Court,
- Seek recovery of all unlawfully charged amounts,
- Request statutory damages under GOL § 7-108, and
- Pursue any additional relief the court deems appropriate.
This letter constitutes a
good-faith attempt to resolve this dispute prior to litigation. I strongly encourage you to correct this matter promptly.
Sincerely,
SunnyOne
[Your Phone Number]
[Your Email Address]