Normal Wear-and-Tear Items

November 1, 2005

LVT Number: 18476

Former tenants sued landlord for the return of their security deposit. Landlord claimed that the deposit was offset by damages to the apartment caused by tenants. Landlord admitted that it used the deposit for repairs and that the deposit wasn't placed in a separate account. The court ruled for tenants. They were entitled to recover their full security deposit, since landlord didn't account for the deposit and had commingled it with its own funds. In addition, landlord's repairs were for normal wear and tear of the apartment.

Former tenants sued landlord for the return of their security deposit. Landlord claimed that the deposit was offset by damages to the apartment caused by tenants. Landlord admitted that it used the deposit for repairs and that the deposit wasn't placed in a separate account. The court ruled for tenants. They were entitled to recover their full security deposit, since landlord didn't account for the deposit and had commingled it with its own funds. In addition, landlord's repairs were for normal wear and tear of the apartment.

Rhodes v. Calhoun, NYLJ, 10/12/05, p. 20, col. 1 (Dist. Ct. Nassau; Cooper, J)

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