Landlord Can Withhold a Portion of Tenant's Security Deposit for Proven Repairs Needed
LVT Number: #33377
Former tenant sued landlord in Nassau County small claims court for refund of his $3,300 security deposit after vacating two apartments in the building. Landlord counterclaimed to recover $5,000 for repair costs, claiming that tenant had damaged both units by installing bidets in each. The trial court ruled for tenant, awarded him $2,580, and dismissed landlord's counterclaim. Landlord appealed and lost. The trial court's decision rendered substantial justice between the parties. The court gave landlord $720 as an offset against the full security deposit for repairs to the heating system and plumbing in the kitchen and upstairs bathroom. Landlord otherwise had failed to present proof of the reasonable value and necessity of the rest of the repairs she claimed were made.
Hassan v. Guarini: 2024 NY Slip Op 51177(U), 83 Misc.3d 1333(A)(App. T. 2 Dept.; 8/12/24; McCormack, JP, Walsh, Goldberg-Velazquez, JJ)