Landlord Can't Get Setoff for Rent

January 1, 1996

LVT Number: 10305

Tenants sued landlord to recover security deposit after they moved out. Suffolk County court ruled for tenants in the sum of $1,590 plus interest and costs. Landlord appealed and lost. Tenants showed that landlord withheld their security deposit. Landlord didn't prove that it was entitled to a setoff for two months' rent.

Tenants sued landlord to recover security deposit after they moved out. Suffolk County court ruled for tenants in the sum of $1,590 plus interest and costs. Landlord appealed and lost. Tenants showed that landlord withheld their security deposit. Landlord didn't prove that it was entitled to a setoff for two months' rent.

Irwin v. Normandy Gardens, Inc.: NYLJ, p. 31, col. 3 (12/12/95) (App. T. 2 Dept.; Stark, JP, Collins, Luciano, JJ)

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