Landlord Must Return Balance of Deposit to Tenant

April 30, 2003

LVT Number: 16555

Former tenant sued landlord in small claims court for the return of his security deposit. The court ruled for tenant. Landlord appealed and lost. Tenant was up-to-date on his rent when he moved out. Landlord didn't prove any damage to the apartment or other outstanding charges. The lower court's decision was just, was based on witness testimony, and shouldn't be disturbed.

Former tenant sued landlord in small claims court for the return of his security deposit. The court ruled for tenant. Landlord appealed and lost. Tenant was up-to-date on his rent when he moved out. Landlord didn't prove any damage to the apartment or other outstanding charges. The lower court's decision was just, was based on witness testimony, and shouldn't be disturbed.

Balzarotti v. Chou: NYLJ, 4/10/03, p. 18, col. 3 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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