SECURITY DEPOSITS

Proof of Damage Doesn't Warrant Withholding Full Security Deposit

July 24, 2020    

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....

New Trial Needed in Security Deposit Case

July 21, 2020    

Former tenant sued landlord in Nassau County small claims court for a refund of his security deposit. The court ruled for tenant and awarded him $1,800. Landlord appealed, and the case was reopened for a new trial....

Landlord Didn't Give Former Tenant Itemized Statement of Damages

June 26, 2020    

Landlord sued former tenant for unpaid rent and property damages totalling $5,000 after tenant moved out. Tenant claimed that the apartment developed mold and other conditions shortly after she moved in. When she...

Tenants Forfeit Three-Month Security and Owe More for Damaging Apartment

June 26, 2020    

Former tenants of a Manhattan brownstone triplex sued landlord for return of their substantial security deposit. Among other things, they claimed that landlord commingled the deposit in violation of the General...

Landlord Can't Seek Property Damage Compensation from Vacating Tenant

May 23, 2020    

Landlord sued former tenant of a single-family house in small claims court for $5,000, based on unpaid rent and damage to property. The court ruled for landlord in part, finding that tenant owed unpaid rent of $2,950...

Landlord Didn't Notify Tenant Where Security Deposit Was Held

May 20, 2020    

Landlord sued former tenant for unpaid rent. Tenant, in turn, counterclaimed for return of his $12,750 security deposit. The court ruled against tenant, who appealed and won. Landlord had failed to give tenant notice...

Landlord Withheld "Move-Out Fee" from Security Deposit

April 27, 2020    

Former tenant sued landlord in small claims court for $5,000, after landlord failed to return his full security deposit. Although tenant's lease ran through Aug. 31, 2019, tenant broke his lease and moved out mid...

Landlord Can't Retain Security Deposit When No Lease Actually Executed

November 21, 2019    

Prospective tenant who never took occupancy sued landlord for return of a $3,200 security deposit submitted with a lease application. A lease was never executed because the parties didn't agree on some of the...

Landlord Must Refund Security Deposit

October 23, 2019    

Former tenant sued landlord, the co-op shareholder, for return of her security deposit after she moved out. Landlord claimed that tenant wasn't entitled to a refund because, as the result of a number of short-...

Tenant Awarded Full Refund of Security Deposit

September 25, 2019    

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...

Tenant Entitled to Full Security Deposit Refund

July 15, 2019    

Former tenant sued landlord in small claims court, seeking a refund of his $1,737 security deposit. Landlord in turn claimed that tenant owed $5,000 for repairs made to the apartment after tenant moved out. The court...

Tenant Who Moved Out Five Days Late Entitled to Most of Security Deposit

March 15, 2019    

Former tenant sued landlord for return of his $3,000 security deposit after he moved out of the apartment. The trial court ruled against tenant, who appealed and won. Tenant moved out and returned apartment keys five...