SECURITY DEPOSITS

Landlord Must Reimburse Tenant After Self-Help Eviction

February 24, 2021    

Former tenant sued landlord for reimbursement of damages after landlord evicted tenant using self-help. Landlord and tenant entered an oral agreement for the apartment, and tenant paid landlord $600 for the first...

Tenants Never Received Security Deposit Refund

February 16, 2021    

Former tenants sued landlord for refund of their $18,600 security deposit. They lived in the apartment between 2014 and July 15, 2020, and claimed they left the unit in broom-clean condition. Landlord waited until...

Did Apartment Damage Justify Retaining Security Deposit?

January 25, 2021    

Former tenant sued landlord, seeking recovery of his security deposit. The small claims court ruled for tenant in part, awarding him a judgment of $2,605, representing the security deposit, but awarding landlord $500...

Landlord Can't Withhold Security Deposit for Damage to Backyard

November 22, 2020    

Former tenant of brownstone apartment sued landlord in small claims court for recovery of his $2,400 security deposit. The trial court ruled against tenant, who appealed and won. Landlord argued that she had to pay...

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...