Landlord Can Deduct Cost of Repairs

LVT Number: 10085

Tenant sued landlord in small claims court to recover her security deposit after she moved out of apartment. The court ruled for tenant and awarded her $1,150 plus costs. Landlord appealed. The appeals court ruled for landlord and reduced the amount of security deposit owed tenant. Landlord was permitted to deduct $250 to restain the apartment floor and $65 to repair a lock.

Tenant sued landlord in small claims court to recover her security deposit after she moved out of apartment. The court ruled for tenant and awarded her $1,150 plus costs. Landlord appealed. The appeals court ruled for landlord and reduced the amount of security deposit owed tenant. Landlord was permitted to deduct $250 to restain the apartment floor and $65 to repair a lock.

Garnier v. Bilello: NYLJ, p. 34, col. 1 (9/5/95) (App. T. 2 Dept.; Collins, JP, Ingrassia, Luciano, JJ)