Landlord Must Return Security Deposit

December 20, 2016

LVT Number: #27423

Former tenant sued landlord for the return of his $6,300 security deposit. The court found that there were issues of fact requiring a trial. Tenant appealed and won. No trial was needed, and landlord must refund the security deposit. Tenant moved out a few days before his lease terminated. Tenant’s failure to return the keys first didn’t show a failure to surrender, and there was no provision in tenant’s lease requiring him to notify landlord that he was moving out. In fact, the “Tenant Cooperation Rider” stated that such notice wasn’t required.

Former tenant sued landlord for the return of his $6,300 security deposit. The court found that there were issues of fact requiring a trial. Tenant appealed and won. No trial was needed, and landlord must refund the security deposit. Tenant moved out a few days before his lease terminated. Tenant’s failure to return the keys first didn’t show a failure to surrender, and there was no provision in tenant’s lease requiring him to notify landlord that he was moving out. In fact, the “Tenant Cooperation Rider” stated that such notice wasn’t required. Landlord also failed to submit any proof that tenant damaged the apartment. 

 

 

 
Pezzo v. 26 Seventh Avenue South: Index No. 507007/13, NYLJ No. 1202772045065 (App. Div. 2 Dept.; 11/10/16; Rivera, JP, Leventhal, Roman, LaSalle, JJ)

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