Landlord Claims Tenant Damaged Apartment

May 31, 2000

LVT Number: 14188

Tenant sued landlord for return of her $500 security deposit after she moved out. Landlord claimed that there was only a $250 deposit because tenant had borrowed against it over the years. And landlord claimed that tenant had damaged the apartment and wasn't entitled to any refund of her remaining security deposit. The court ruled against tenant, and she appealed. The appeals court ruled for tenant in part. The lower court didn't sufficiently break down landlord's costs for repairs and mere refurbishing after tenant vacated.

Tenant sued landlord for return of her $500 security deposit after she moved out. Landlord claimed that there was only a $250 deposit because tenant had borrowed against it over the years. And landlord claimed that tenant had damaged the apartment and wasn't entitled to any refund of her remaining security deposit. The court ruled against tenant, and she appealed. The appeals court ruled for tenant in part. The lower court didn't sufficiently break down landlord's costs for repairs and mere refurbishing after tenant vacated. So a new trial was needed to determine whether tenant was entitled to a refund of any of her security deposit.

Seeley v. Ruggiero: NYLJ, 5/30/00, p. 27, col. 2 (App. Div.2 Dept.; DiPaola, PJ, Floyd, Palella, JJ)

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