Landlord Can't Keep Deposit Based on Oral Agreement

July 31, 2006

LVT Number: 19049

Former tenant sued landlord to recover his security deposit. The court ruled for tenant and awarded him $5,000. Landlord appealed, claiming that tenant had agreed that landlord could keep the deposit. The appeals court ruled against landlord. Tenant's lease said that tenant was entitled to the security deposit refund if he was current in rent payments and not otherwise in default when he moved out. Any later oral agreement was unenforceable because it was inconsistent with the terms of the lease.

Former tenant sued landlord to recover his security deposit. The court ruled for tenant and awarded him $5,000. Landlord appealed, claiming that tenant had agreed that landlord could keep the deposit. The appeals court ruled against landlord. Tenant's lease said that tenant was entitled to the security deposit refund if he was current in rent payments and not otherwise in default when he moved out. Any later oral agreement was unenforceable because it was inconsistent with the terms of the lease.

Brosseau v. Crespin: NYLJ, 7/28/06, p. 30, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Gangel-Jacob, JJ)

Topics

More like this