Tenant's Witnesses Prove Apartment Left in Good Condition

February 1, 2005

LVT Number: 17903

Former tenant sued landlord in small claims court for refund of his security deposit. Landlord claimed that the apartment was damaged and that he was entitled to keep the deposit. Landlord and his fiancee testified at trial for landlord. Two of tenant's friends who helped him move out testified for tenant. The court ruled for tenant after trial. The only proof was the witness testimony and it was totally contradictory. The court found tenants' witnesses believable, but wasn't convinced that landlord's witness was telling the truth.

Former tenant sued landlord in small claims court for refund of his security deposit. Landlord claimed that the apartment was damaged and that he was entitled to keep the deposit. Landlord and his fiancee testified at trial for landlord. Two of tenant's friends who helped him move out testified for tenant. The court ruled for tenant after trial. The only proof was the witness testimony and it was totally contradictory. The court found tenants' witnesses believable, but wasn't convinced that landlord's witness was telling the truth.

Seltzer v. Roazzi: NYLJ, 1/6/05, p. 19, col. 3 (Civ. Ct. Kings; Nadelson, J)

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