Landlord Must Refund Double the Amount of Tenant's Security Deposit

Former tenant of a furnished apartment sued landlord for a refund of the $600 security deposit after landlord refused to return it. Landlord claimed that substantial repairs were needed after tenant moved out. Landlord in fact claimed that tenant owed her additional money for the repairs. The court ruled largely for tenant and ordered landlord to refund $500. It was clear from proof presented that landlord had no intention of refunding security but intended to use that money for maintenance of the apartment house. When landlord and tenant walked through the apartment before tenant moved out, landlord noted some items on tenant's lease that amounted to about $100 worth of damage. But later, when tenant sued landlord for not returning $500, landlord claimed that tenant owed for other costs, including cleaning and furniture repair, painting, and spackling. And since landlord engaged in deceptive acts or practices, the court ordered her to pay tenant an additional $500.

Blend v. Castor: NYLJ, 10/1/09, p. 30, col. 1 (Jefferson City Ct.; Harberson, J)