Landlord Must Refund Tenant's Full Security Deposit

November 28, 2016

LVT Number: #27354

Rent-stabilized tenant sued landlord for failing to return tenant’s security deposit within 60 days after tenant moved out of the apartment. Tenant asked the court to rule in his favor without a trial. The court ruled against tenant, who appealed and won. Tenant moved out a few days before the lease expiration, there was no proof of any damage to the apartment, and tenant wasn’t required to notify landlord before he moved out. Landlord was required by law to refund tenant’s security deposit.

 

Rent-stabilized tenant sued landlord for failing to return tenant’s security deposit within 60 days after tenant moved out of the apartment. Tenant asked the court to rule in his favor without a trial. The court ruled against tenant, who appealed and won. Tenant moved out a few days before the lease expiration, there was no proof of any damage to the apartment, and tenant wasn’t required to notify landlord before he moved out. Landlord was required by law to refund tenant’s security deposit.

 

 

Pezzo v. 26 Seventh Avenue South, LLC: 2016 WL 6604548, 2016 N.Y. Slip Op. 07310 (App. Div. 2 Dept.; 11/9/16; Rivera, JP, Leventhal, Roman, LaSalle, JJ)

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