Landlord Waived Right to Collect Deposit

Tenant complained of improper lease renewal. Landlord demanded a security deposit from tenant with the offered lease renewal. Tenant said that she had never paid one before. The DRA ruled for landlord and ordered tenant to pay the requested security deposit increase upon renewal. Tenant's first lease stated that tenant would pay a $400 security deposit. And renewal leases were based on the same terms and conditions as original leases. Tenant appealed, claiming that she never actually paid the security deposit stated in the first lease. She had lived in the apartment as a month-to-month tenant for several years before signing the first lease, in 1997. The DHCR ruled for tenant. Landlord admitted that tenant had never paid a security deposit. Landlord waived the right to collect the security deposit, since it never collected one for six years during three lease renewals.

Vandermark: DHCR Adm. Rev. Dckt. No. SF410014RT (7/13/04) [3-pg. doc.]