Landlord Must Refund Security Deposit

February 1, 2008

LVT Number: #20179

Tenant, a proprietary lessee in a cooperative building, paid landlord co-op corporation a $5,000 security deposit before installing new hardwood floors in his apartment. When the work was completed, landlord wouldn't return the deposit. Tenant sued landlord. The court ruled against tenant. Tenant appealed and won. The appeals court ordered landlord to refund the $5,000. There was no claim or showing that tenant had damaged the apartment through his renovation work.

Tenant, a proprietary lessee in a cooperative building, paid landlord co-op corporation a $5,000 security deposit before installing new hardwood floors in his apartment. When the work was completed, landlord wouldn't return the deposit. Tenant sued landlord. The court ruled against tenant. Tenant appealed and won. The appeals court ordered landlord to refund the $5,000. There was no claim or showing that tenant had damaged the apartment through his renovation work. And the fact that tenant might have delayed in seeking consent for the work wasn't a valid reason to deny tenant the refund.

Tata v. 451 West Owners Ltd.: NYLJ, 1/25/08, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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