Damages Exceed Amount of Deposit

May 31, 1993

LVT Number: 7062

Landlord sued tenant in Poughkeepsie small claims court after tenant moved out, claiming rent owed and damage to landlord's property. The court awarded landlord $2,000, and landlord appealed. The appeals court sent the case back for a new trial. Landlord showed that there were damages of $3,500. The trial court told landlord to apply the $1,800 security deposit toward $2,000 in damages---the legal limit landlord could sue for in small claims court. But landlord was entitled to apply the security deposit toward rent owed and damages without bringing a legal action.

Landlord sued tenant in Poughkeepsie small claims court after tenant moved out, claiming rent owed and damage to landlord's property. The court awarded landlord $2,000, and landlord appealed. The appeals court sent the case back for a new trial. Landlord showed that there were damages of $3,500. The trial court told landlord to apply the $1,800 security deposit toward $2,000 in damages---the legal limit landlord could sue for in small claims court. But landlord was entitled to apply the security deposit toward rent owed and damages without bringing a legal action. A new trial was needed to determine the exact amount of damages landlord was entitled to up to the $3,500.

Dee v. Tighe: NYLJ, p. 29, col. 6 (5/19/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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