SECURITY DEPOSITS

Landlord Must Refund Tenant's Full Security Deposit

November 28, 2016    

Rent-stabilized tenant sued landlord for failing to return tenant’s security deposit within 60 days after tenant moved out of the apartment. Tenant asked the court to rule in his favor without a trial. The...

Tenant Entitled to Return of Commingled Security Deposit Despite Breach of Lease

November 18, 2016    

Tenant sued landlord and prior landlord for recovery of his security deposit. The court ruled against tenant, who appealed and won. Landlord’s failure to give tenant written notice of what bank held tenant...

Landlord Can Withhold Daily Use and Occupancy from Tenant's Security Deposit

August 21, 2016    

Former tenant sued landlord for the return of his security deposit after he moved out of the apartment. The court ruled for tenant and ordered landlord to refund the deposit, minus the sum of $55 to be withheld for...

Tenants Removed Light Fixtures

December 15, 2015    

Former tenants sued landlord for return of a portion of their security deposit withheld after they moved out. Landlord returned $800 but kept $1000, claiming that tenants had removed lighting fixtures. The court...

Landlord Gets Minor Set-Off to Security Deposit Refund

October 23, 2015    

Former tenant sued landlord in small claims court to recover his security deposit. The court ruled for tenant in part, awarding him $1,729 after set-offs. Landlord appealed and lost. Landlord claimed that tenant...

Landlord Can't Deduct Extermination Costs from Security Deposit

June 16, 2015    

Former tenant sued landlord in small claims court, seeking...

Tenant Forfeits Security Deposit After Early Move-Out

January 21, 2015    

Former tenant sued landlord for return of his security deposit. The court ruled against tenant and granted landlord's counterclaim for unpaid rent. Tenant appealed and lost. Tenant had moved out of the apartment...

Landlord Must Refund Commingled Security Deposit

July 14, 2014    

Landlord sued tenant for breach of lease. Tenant counterclaimed for return of his security deposit. Landlord and tenant had signed a one-year lease commencing on Aug. 1, 2011, for a house. By letter dated Sept. 4,...

Trial Needed on Whether Tenant Forfeits Security Deposit

May 16, 2014    

Former tenant sued landlord in small claims court to recover his security deposit. The court ruled against tenant and dismissed the case. Tenant appealed, and the case was reopened. Landlord and tenant had signed an...

Security Deposit Refund Offset by Cost of Damage

August 7, 2013    

Former tenant sued landlord for $10,700, claiming that she had incurred exterminator expenses to combat a rodent and bedbug infestation in her apartment. She also sought the recovery of her security deposit. Landlord...

Landlord Fails to Prove Tenants Damaged Apartment

May 13, 2013    

Tenants sued landlord for the return of their $2,800 security deposit after they vacated the apartment. Landlord claimed that tenants damaged the apartment and yard but presented insufficient proof. Tenants claimed...

Landlord Didn't Collect Excess Security Deposit

January 14, 2013    

Rent-stabilized tenant complained of a rent overcharge, including the collection of excess security deposits. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Review of leases...