Landlord Must Return Security Deposit to Tenant

May 31, 1994

LVT Number: 8858

After tenant moved out of apartment, he sued landlord for return of security deposit. Landlord claimed that two adjacent apartments had been combined for tenant, and that the security deposit was needed to restore the units to their original condition. The court found that a trial was needed, and tenant appealed. The appeals court found that no trial was needed and ruled for tenant. A rider to tenant's original lease stated that landlord would bear the ''sole cost and expense'' of combining the two apartments. The lease didn't make tenant responsible for restoring anything.

After tenant moved out of apartment, he sued landlord for return of security deposit. Landlord claimed that two adjacent apartments had been combined for tenant, and that the security deposit was needed to restore the units to their original condition. The court found that a trial was needed, and tenant appealed. The appeals court found that no trial was needed and ruled for tenant. A rider to tenant's original lease stated that landlord would bear the ''sole cost and expense'' of combining the two apartments. The lease didn't make tenant responsible for restoring anything. There also were no other reasons for withholding the security deposit; there was no proof of any damages to the apartment, and tenant had given landlord timely notice of his intent to move out.

Republic of Austria v. Sheinman: NYLJ, p. 28, col. 6 (5/4/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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