Landlord Can't Deduct Extermination Costs from Security Deposit

Former tenant sued landlord in small claims court, seeking a refund of her security deposit. The court ruled against tenant, who appealed and won in part. Landlord was entitled to a $15 set-off for bank charges resulting from tenant’s stop-payment on a check to landlord. Landlord also was entitled to a set-off for repairs made to the stove damaged by tenant. But landlord failed to produce paid invoices or estimates for damages to the flooring and door he claimed were damaged by tenant and her children. And landlord wasn’t entitled to a set-off for the cost of an extermination contract since this was an essential service that landlord was required to provide. So tenant was entitled to a $1,340 refund from landlord for part of her security deposit.

Ankhbara v. Sharplis-Esprit: Index No. 2014-521 NC, NYLJ No. 1202727375327 (App. T. 2 Dept.; 5/1/15; Marano, PJ, Iannacci, Garguilo, JJ)