Landlord Entitled to Cost of Entering Apartment

March 1, 2005

LVT Number: 17969

Former tenant sued landlord in small claims court to recover its apartment security deposit. Landlord claimed that tenant owed unpaid rent and money damages. The court ruled against tenant and awarded landlord $370 in addition to $1,300 in back rent. Tenant appealed and lost. Tenant didn't return the keys to landlord when he moved out, as he had agreed to do under the terms of a written settlement agreement in an eviction case. Landlord had to change the locks, repair a door damaged by tenant, and pay a marshal fee. These expenses cost $370, which the court properly awarded to landlord.

Former tenant sued landlord in small claims court to recover its apartment security deposit. Landlord claimed that tenant owed unpaid rent and money damages. The court ruled against tenant and awarded landlord $370 in addition to $1,300 in back rent. Tenant appealed and lost. Tenant didn't return the keys to landlord when he moved out, as he had agreed to do under the terms of a written settlement agreement in an eviction case. Landlord had to change the locks, repair a door damaged by tenant, and pay a marshal fee. These expenses cost $370, which the court properly awarded to landlord.

Mennella v. Madonia: NYLJ, 2/2/05, p. 29, col. 3 (App. T. 2d Dept.; Pesce, PJ, Patterson, Rios, JJ)

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