Landlord Didn't Prove Tenant Caused Roach Infestation

LVT Number: 8338

Tenant sued landlord in small claims court in Nassau County for return of his security deposit. After tenant moved out, landlord held on to $370 of tenant's security deposit. Landlord claimed that tenant had caused roach infestation. Landlord paid this amount to exterminate the apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Landlord didn't prove tenant had caused the problem.

Tenant sued landlord in small claims court in Nassau County for return of his security deposit. After tenant moved out, landlord held on to $370 of tenant's security deposit. Landlord claimed that tenant had caused roach infestation. Landlord paid this amount to exterminate the apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Landlord didn't prove tenant had caused the problem.

Bryant v. Bauer: NYLJ, p. 30, col. 3 (10/19/93) (App. T. 2 Dept.; Stark, JP, Collins, Luciano, JJ)