Landlord Paid $3,700 to Repair Damage

May 31, 1997

LVT Number: 11559

Landlord sued former tenant in small claims court to recover $3,700 spent on repairing damage to apartment. The court ruled that landlord could keep the $1,050 security deposit but otherwise ruled against landlord. Landlord appealed. The appeals court ruled for landlord and awarded her an additional $2,722. Landlord showed that she'd paid $3,700 to repair damage. Landlord also had to pay locksmith to get into apartment since tenant didn't return keys when he moved out. Landlord could retain the security deposit and collect an additional sum from tenant to pay the cost of repairs.

Landlord sued former tenant in small claims court to recover $3,700 spent on repairing damage to apartment. The court ruled that landlord could keep the $1,050 security deposit but otherwise ruled against landlord. Landlord appealed. The appeals court ruled for landlord and awarded her an additional $2,722. Landlord showed that she'd paid $3,700 to repair damage. Landlord also had to pay locksmith to get into apartment since tenant didn't return keys when he moved out. Landlord could retain the security deposit and collect an additional sum from tenant to pay the cost of repairs.

Petrara v. Mutell: NYLJ, p. 31, col. 3 (5/27/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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