Landlord Fails to Prove Tenants Damaged Apartment

Tenants sued landlord for the return of their $2,800 security deposit after they vacated the apartment. Landlord claimed that tenants damaged the apartment and yard but presented insufficient proof. Tenants claimed that landlord found no damage when he conducted a walk-through with them at the time they moved out. Landlord produced no photographs of how the apartment looked before tenants moved in, and photographs of the premises presented by landlord all were taken before tenants moved out. Cigarette butts and dog droppings in the yard could have been left by passersby. And landlord's receipts for repairs were dated before tenants moved out. Landlord's workers also began work in the apartment right after tenants moved out and could have caused the damage landlord now claimed. Tenants pointed out that landlord planned to sell the building and argued that landlord wanted their security deposit to spruce up the apartment.

Wyant v. Catlin: 2013 NY Slip Op 50662(U), 2013 WL 1798910 (Justice Ct. Red Hook; 4/29/13; Triebwasser, J)