Landlord Must Refund $84,000 Security Deposit

January 1, 2011

LVT Number: #23090

Former tenant of three-floor condo unit sued landlord after landlord failed to return tenant's $84,000 security deposit. Landlord claimed that a portion of the deposit was needed to repair damage tenant caused to the apartment. But landlord withheld the entire deposit, which greatly exceeded the estimated repair cost, to guarantee the attorney's fees to which it believed it could become entitled in this lawsuit. The court ruled for tenant. Landlord must refund the deposit, which it had failed to keep separate from its own funds.

Former tenant of three-floor condo unit sued landlord after landlord failed to return tenant's $84,000 security deposit. Landlord claimed that a portion of the deposit was needed to repair damage tenant caused to the apartment. But landlord withheld the entire deposit, which greatly exceeded the estimated repair cost, to guarantee the attorney's fees to which it believed it could become entitled in this lawsuit. The court ruled for tenant. Landlord must refund the deposit, which it had failed to keep separate from its own funds.

Pritzker v. Park South Lofts LLC: Index No. 117192/09, NYLJ No. 1202475879547 (Sup. Ct. NY; 11/19/10; Solomon, J)

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