No Attorney's Fees Awarded in Action for Security Deposit Refund

September 30, 2011

LVT Number: #23622

Former tenant sued landlord for a refund of his $2,600 security deposit after he moved out. Landlord claimed that tenant damaged the apartment. He asked the court to dismiss the case and to award attorney's fees. The court ruled for tenant in part and ordered landlord to refund $1,860. Landlord didn't prove that tenant damaged the apartment and an estimate for painting was insufficient proof of damages. Landlord could retain a portion of the deposit for use and occupancy and water charges. But neither side got attorney's fees since there was no agreement providing for them.

Former tenant sued landlord for a refund of his $2,600 security deposit after he moved out. Landlord claimed that tenant damaged the apartment. He asked the court to dismiss the case and to award attorney's fees. The court ruled for tenant in part and ordered landlord to refund $1,860. Landlord didn't prove that tenant damaged the apartment and an estimate for painting was insufficient proof of damages. Landlord could retain a portion of the deposit for use and occupancy and water charges. But neither side got attorney's fees since there was no agreement providing for them.

Ortiz v. Pantaleone: NYLJ, 9/2/11, p. 27, col. 2 (App. T. 2 Dept.; Nicolai, PJ, Tanenbaum, LaCava, JJ)

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