Landlord Proved Damages of $436 to Apartment

June 30, 2000

LVT Number: 14263

Tenant sued landlord in small claims court for the return of a $1,400 security deposit after he moved out of the apartment. Landlord claimed that tenant damaged the apartment. The court ruled for landlord and ordered a refund to tenant of just $200. Tenant appealed. The appeals court ruled for tenant in part, reducing the award to landlord from $1,200 to $436. Landlord proved damages in this amount and was entitled to deduct it from tenant's security deposit.

Tenant sued landlord in small claims court for the return of a $1,400 security deposit after he moved out of the apartment. Landlord claimed that tenant damaged the apartment. The court ruled for landlord and ordered a refund to tenant of just $200. Tenant appealed. The appeals court ruled for tenant in part, reducing the award to landlord from $1,200 to $436. Landlord proved damages in this amount and was entitled to deduct it from tenant's security deposit.

Papineni v. Black: NYLJ, 6/6/00, p. 30, col. 2 (App. T.2 Dept.; DiPaola, PJ, Floyd, Palella, JJ)

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