Tenant Gets Full Refund of Security Deposit

February 8, 2012

LVT Number: #23900

Former tenant sued landlord in small claims court for return of his security deposit. The court ruled for tenant, awarding him his $2,500 deposit plus interest. Landlord appealed and lost. Landlord claimed that there should be an offset for damage to the bathroom tiles, which had to be replaced. Landlord also claimed that the interest awarded was excessive. But the damage was no more than ordinary wear and tear. And tenant's lease called for an award of interest on the security deposit from the date the lease commenced, not the date tenant moved out.

Former tenant sued landlord in small claims court for return of his security deposit. The court ruled for tenant, awarding him his $2,500 deposit plus interest. Landlord appealed and lost. Landlord claimed that there should be an offset for damage to the bathroom tiles, which had to be replaced. Landlord also claimed that the interest awarded was excessive. But the damage was no more than ordinary wear and tear. And tenant's lease called for an award of interest on the security deposit from the date the lease commenced, not the date tenant moved out.

Strafaci v. Meadowbrook Pointe Development Corp.: NYLJ, 1/11/12, p. 27, col. 5 (App. T. 2 Dept.; Tanenbaum, JP, Nicolai, Molia, JJ)

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