Landlord Can't Deduct Full Price of Chairs

April 1, 1998

LVT Number: 12276

Tenant sued landlord for return of the security deposit after he moved out. Landlord claimed that tenant had damaged some antique chairs in the apartment and presented proof of the original cost of the chairs. The court ruled for landlord in part, stating that landlord could keep that portion of the security deposit that would pay back the cost of the chairs. Tenant appealed, claiming that landlord could get the current actual value of the chairs, not their original cost. The court ruled for tenant. The current value of the chairs should take into account depreciation.

Tenant sued landlord for return of the security deposit after he moved out. Landlord claimed that tenant had damaged some antique chairs in the apartment and presented proof of the original cost of the chairs. The court ruled for landlord in part, stating that landlord could keep that portion of the security deposit that would pay back the cost of the chairs. Tenant appealed, claiming that landlord could get the current actual value of the chairs, not their original cost. The court ruled for tenant. The current value of the chairs should take into account depreciation. The case was sent back for a trial on the issue of the value of the chairs.

Finnerty v. Freeman: NYLJ, p. 28, col. 3 (3/31/98) (App. T. 2 Dept.; DiPaola, JP, Patella, Levitt, JJ)

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