Proof of Damage Doesn't Warrant Withholding Full Security Deposit
LVT Number: #30884
Former tenant sued Orange County landlord in small claims court to recover his $3,200 security deposit. The trial court awarded tenant $2,165 and awarded landlord $1,035 on his counterclaim for damages to the house. Landlord appealed and lost. Landlord claimed that damages totalled $3,000. But, although landlord showed some damage to the house beyond ordinary wear and tear, he failed to produce sufficient proof of the reasonable value of the cost of repairs in the form of paid receipts or two itemized estimates to warrant any further damages.
Trimble v. Hughes: Index No. 2018-841 OR C, 2020 NY Slip Op 50742(U)(App. T. 2 Dept.; 6/18/20; Adams, PJ, Tolbert, Ruderman, JJ)