Landlord Proved Cost of New Floor Tiles

January 1, 2004

LVT Number: 17073

Former tenant sued landlord for the refund of his security deposit. Landlord counterclaimed for property damage, claiming that tenant had ruined the bedroom floor. The small claims court ruled for tenant and awarded him $1,420. Landlord appealed. The appeals court ruled for landlord in part and permitted landlord to keep $400. Landlord didn't prove the extensive floor damage he claimed but did submit proof of the cost of new floor tiles.

Former tenant sued landlord for the refund of his security deposit. Landlord counterclaimed for property damage, claiming that tenant had ruined the bedroom floor. The small claims court ruled for tenant and awarded him $1,420. Landlord appealed. The appeals court ruled for landlord in part and permitted landlord to keep $400. Landlord didn't prove the extensive floor damage he claimed but did submit proof of the cost of new floor tiles.

Nee v. Gottlieb: NYLJ, 12/24/03, p. 31, col. 5 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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