The Perils of Moving Day

It happens at some point during virtually every moving day: a wall or an elevator or a hallway door gets damaged by the moving crew or the building staff. When the building is a co-op and the person moving in or out happens to be a subletter, who’s responsible for fixing the damage and paying for it?

This question was posed by a subletter in a Manhattan co-op after the building staff damaged hallway wallpaper while moving his furniture into the building a year ago. When the renter moved out this summer, the co-op board refused to return the $500 move-in deposit because of the damages, even though they were caused by the building’s staff. The shareholder who owns the apartment is also withholding the renter’s $3,900 security deposit in case the board charges her for the repairs. How much can the building charge the subletter, and how long can the landlady hold onto the deposit?

Landlords are required to return security deposits within a reasonable period of time after the the move-out, typically about 30 days, tenant attorney Jennifer Addonizio Rozen tells the Ask Real Estate column in the New York Times.

If the co-op board or shareholder claim that the subletter caused the damage, the subletter can demand proof of the damage, an itemized invoice for work to repair it, and proof that the amount was actually paid. If either party refuses to provide such evidence or refund the security deposit, the subletter can sue in Small Claims Court for damages up to $5,000.

It’s a lesson all co-op boards should learn and remember: subletters are people, too, and they do have rights.