Landlord Can't Withhold Security Deposit for Damage to Backyard

November 22, 2020

LVT Number: #31076

Former tenant of brownstone apartment sued landlord in small claims court for recovery of his $2,400 security deposit. The trial court ruled against tenant, who appealed and won. Landlord argued that she had to pay her brother to remove sand and dirt from the backyard left there by tenant. But tenant's lease didn't include the backyard as a portion of the premises rented. So landlord's deductions for costs related to removal of dirt and sand from the backyard weren't properly withheld from the security deposit because there was no breach of the lease.

Former tenant of brownstone apartment sued landlord in small claims court for recovery of his $2,400 security deposit. The trial court ruled against tenant, who appealed and won. Landlord argued that she had to pay her brother to remove sand and dirt from the backyard left there by tenant. But tenant's lease didn't include the backyard as a portion of the premises rented. So landlord's deductions for costs related to removal of dirt and sand from the backyard weren't properly withheld from the security deposit because there was no breach of the lease. The trial court's ruling that dismissed tenant's claim didn't provide substantial justice between the parties.

Gable v. Cahill: 2020 NY Slip Op 51135(U), Index No. 2019-165 KC (App. T. 2 Dept.; 10/2/20; Aliotta, PJ, Siegal, Toussaint, JJ)

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