Landlord Must Refund Full Security Deposit

Former tenant sued landlord in small claims court, seeking a refund of a $775 security deposit plus the cost of a refrigerator that tenant had bought for the apartment. The court ruled against tenant, and he appealed. The appeals court ruled for tenant in part. Tenant claimed that landlord wouldn't let him remove his refrigerator when he moved out. But tenant didn't establish the reasonable value of the refrigerator. Landlord claimed that tenant had damaged the apartment. But landlord didn't prove that tenant caused the claimed damage and didn't produce any evidence of the costs incurred to make repairs. So landlord must refund tenant the full amount of the security deposit.

Mazzarelli v. Moniaci: NYLJ, 10/8/08, p. 41, col. 2 (App. T. 2 Dept.; McCabe, JP, Tanenbaum, Molia, JJ)