SECURITY DEPOSITS

Deadline for Security Deposit Refund Notification to Tenants Was Tolled During Pandemic

June 26, 2024    

Former tenants sued landlord, seeking recovery of double the amount of their security deposit after they moved out. Tenants claimed that they gave landlord written notice of their vacatur on July 15, 2020, after...

Landlord Must Refund Tenant's Security Deposit Without Any Damages for Willful Withholding

March 9, 2024    

Former tenant sued landlord in small claims court, seeking return of her $4,803 security deposit plus damages. Tenant claimed that landlord willfully violated GOL Section 7-108(1-a)(e). After trial, the court awarded...

Landlord Must Refund Excess Security Deposit Collected from Tenant

October 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant but found that tenant's rent arrears totalling $3,162 were greater than the $713 overcharge. So no overcharge refund was...

Nassau County Small Claims Court Properly Vacated Default Judgment Against Landlord

June 27, 2023    

A Nassau County tenant sued former landlord in small claims court, seeking to recover her security deposit. The court ruled for tenant based on landlord's default and awarded her $1,615. The court subsequently...

Landlord Must Refund Full Disputed Security Deposit

March 27, 2023    

Former tenant of a condominium unit sued landlord in small claims court, claiming that landlord failed to return tenant's $10,000 security deposit after tenant moved out on March 26, 2021. Landlord disputed the...

Tenant Gets Security Deposit Refund and Punitive Damages

May 25, 2022    

Former rent-stabilized tenant sued landlord in small claims court seeking $2,655 in damages for failure to return her security deposit, among other things. Tenant later amended her claim to increase the amount of...

Tenant Gets Full Security Deposit Refunded in Small Claims Court Action

May 25, 2022    

Tenant sued former landlord in small claims court for return of her security deposit as well as damages for a breach of the warranty of habitability. The trial court ruled for tenant and awarded her $2,738.

DHCR Can't Rule on Landlord's Failure to Return Security Deposit

March 23, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge after moving out of her Yonkers apartment. She claimed that landlord charged her two months' security deposit when she moved in, along with two...

DHCR Can't Order Security Deposit Refund After Tenant Moves Out

February 16, 2022    

Tenant complained to the DHCR in 2013 of rent overcharge. He lived in a building that received a RPTL 421-g tax abatement. But landlord claimed that the unit was unregulated and had refused to give tenant a renewal...

Landlord Didn't Forfeit Security Deposit Applied to Needed Apartment Repairs

February 14, 2022    

Landlord sued tenant for $12,000 in back rent owed between May and October 2020, as well as for $1,443, which was the amount in excess of the $17,000 security deposit that landlord spent to repair and restore the...

Landlord Can't Withhold Security Deposit for Repainting

August 24, 2021    

Former tenant sued landlord in Yonkers City Court, seeking a refund of her $2,035 security deposit. The trial court ruled for tenant in part and awarded her $1,026.

Tenant Awarded Full Security Deposit Refund

June 22, 2021    

Former tenant sued landlord in Suffolk County District small claims court, claiming that landlord improperly withheld her $2,400 security deposit. The court ruled for tenant. Landlord appealed and lost. In a small...