[Syracuse NY] Landlady is deducting our security deposits over items she says we stole. legaladvice

My girlfriend and her sister (let's call them 'C' and 'L') moved into our current apartment in May of 2014. I moved in with them in December of 2016. We have just finished moving everything from our current apartment to a new apartment and asked the landlady to look over our kitchen/rooms when she accused us of:

-Stealing her dishes/silverware that were in the apartment's shared kitchen.

-Stealing her metal shelf that was in the apartment's shared living area.

I've gone over everything in our possession and we definitely did not pack her dishes/silverware by mistake, let alone the shelf. We (mostly C&L) don't remember ever seeing any dishes of the sort she described. The metal shelf was taken by a prior tenant (let's call him 'R') when he moved out last June, but she insists it was still here when I moved in last December.

C&L have shared that apartment building with 5 tenants before I moved in, including 'R' and another girl who is also moving out with us now. We are her only remaining tenants. Our best guess for the dishes is either A.) One of the prior tenants stole the dishes/silverware, maybe even before they moved in. B.) She forgot that she moved them to her personal storage room(s) that she refuses to look through.

At this point all we want is our security deposits back, but she's going to deduct from them when we go back tomorrow to turn in our keys. She's texted us that she hasn't seen these dishes in twelve years.

Can she withhold or deduct from our deposits without our approval? Should we give her the keys if she does anyway? Do we have to take her to small claims court, or vice-versa?

I've re-read my lease, the only two sections appear relevant:

SEVEN. TENANT RESPONSIBILITIES:

...

Upon the termination or expiration of this Agreement the Tenant shall redeliver the property, amenities, furniture, appliances and any other applicable aspects of the Apartment, in as good condition as at the commencement of the Agreement or as may be put in during the Agreement. Reasonable wear and tear from use and obsolescence to the Apartment shall be accepted.

TWENTY-SIX. ADDITIONAL PROVISIONS

Security deposit will be returned after tenant has moved out and apartment has been inspected within 10 days. If there is no damage to property and is clean then the full security deposit will be returned. If cleaning is required charges will be deducted from security deposit:

Oven- $25

Refrigerator- $5

Bathtub-$15

Toilet-$10

Sinks-$5

Sheet rock, widows, floors, carpet, and door damage- replacement cost

Submitted May 30, 2017 at 05:48AM by Clockwork_Heart http://ift.tt/2sflNX9 legaladvice