Landlord Must Refund Security Deposit

October 23, 2019

LVT Number: #30418

Former tenant sued landlord, the co-op shareholder, for return of her security deposit after she moved out. Landlord claimed that tenant wasn't entitled to a refund because, as the result of a number of short-term rentals tenant engaged in during her final year of tenancy, the apartment had been damaged beyond normal wear and tear.  The court ruled for tenant after a hearing. Photographs and witness testimony showed that the apartment was in good condition on the day of a walk-through before tenant moved out.  There was no damage beyond normal wear and tear.

Former tenant sued landlord, the co-op shareholder, for return of her security deposit after she moved out. Landlord claimed that tenant wasn't entitled to a refund because, as the result of a number of short-term rentals tenant engaged in during her final year of tenancy, the apartment had been damaged beyond normal wear and tear.  The court ruled for tenant after a hearing. Photographs and witness testimony showed that the apartment was in good condition on the day of a walk-through before tenant moved out.  There was no damage beyond normal wear and tear. But landlord was angry because tenant used the apartment for short-term rentals. Landlord was directed to refund $3,350 plus costs and interest.

Sachtschale v. Greece: 64 Misc.3d 1240(A), 2019 NY Slip Op 51462(U) (Civ. Ct. NY; 9/12/19; Kraus, J)

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