Landlord Can Deduct Cost of Trash Removal from Security Deposit

Former tenant sued landlord for return of $3,500 security deposit. Landlord claimed that tenant owed landlord money for damaging the apartment. The court’s arbitrator ruled for landlord in part. Tenant left 19 bags of recyclable refuse in the apartment when he moved out, and the apartment wasn’t in broom-swept condition. The parties agreed that landlord could deduct $425 for garbage removal and cleaning. Landlord also got $50 for repair of one hole in a wall. But landlord couldn’t withhold $1,551 for spackling and painting the walls since landlord failed to prove damages beyond normal wear and tear.

Truong v. 10 Yue 2015, Inc.: Index No. 1743/2016, NYLJ No. 1202779037113 (Civ. Ct. Queens; 2/15/17; Frederick, Arb.)