Landlord Gets Minor Set-Off to Security Deposit Refund

October 23, 2015

LVT Number: #26584

Former tenant sued landlord in small claims court to recover his security deposit. The court ruled for tenant in part, awarding him $1,729 after set-offs. Landlord appealed and lost. Landlord claimed that tenant damaged certain items and stole a few others. Landlord didn’t prove entitlement to any further set-off. A small claims judgment will be upheld where substantial justice has been done between the parties and the appeals court relies on the trial court to determine witness credibility.

 

 

Former tenant sued landlord in small claims court to recover his security deposit. The court ruled for tenant in part, awarding him $1,729 after set-offs. Landlord appealed and lost. Landlord claimed that tenant damaged certain items and stole a few others. Landlord didn’t prove entitlement to any further set-off. A small claims judgment will be upheld where substantial justice has been done between the parties and the appeals court relies on the trial court to determine witness credibility.

 

 

 

 

DiBattista v. Rossi: 49 Misc.3d 130(A), 2015 NY Slip Op 51411(U) (App. T. 2 Dept.; 9/16/15; Tolbert, JP, Marano, Connolly, JJ)

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