Landlord Can't Seek Property Damage Compensation from Vacating Tenant

Landlord sued former tenant of a single-family house in small claims court for $5,000, based on unpaid rent and damage to property. The court ruled for landlord in part, finding that tenant owed unpaid rent of $2,950. Landlord therefore could retain tenant's $1,800 security deposit. This left a balance of $1,150 due to landlord.

The court denied landlord's additional claim for property damage based on insufficient proof. In addition, landlord never gave tenant written notice of an opportunity to inspect the property prior to moving out, or written notice of tenant's right to cure any claimed damages. Landlord also never gave tenant an itemized statement showing what portion of the security deposit would be retained and why. These notices were required under General Obligations Law Section 7-108 (1-a)(d), and were additional grounds for denying landlord any compensation for claimed damages. The court otherwise didn't require landlord to refund the security deposit since tenant agreed in text messages that landlord could retain the security deposit for unpaid rent. 

Diaz v. Cunningham: Index No. 100/2020, 2020 NY Slip Op 20101 (City Ct. Middletown, Orange Co.; 4/28/20; Guertin, J)