Tenant Awarded Full Refund of Security Deposit
LVT Number: #30370
Former tenant sued landlord in small claims court to recover $2,900 security deposit paid for rental of landlord's house. Landlord counterclaimed for $1,906 in property damage, repairs, lost wages, late fees, and early termination fees. The trial court ruled for tenant, granting a full refund of the security deposit, and dismissed landlord's counterclaim. Landlord appealed and lost. Review of a small claims court determination is limited to whether "substantial justice" has been done between the parties, and that was done in this case.
Chery v. Richards: Index No. 2018-1743, 2019 NY Slip Op 51403(U) (App. T. 2 Dept.; 8/22/19; Adams, PJ, Tolbert, Emerson, JJ)