Proof of Damage Doesn't Warrant Withholding Full Security Deposit

July 24, 2020

LVT Number: #30884

Former tenant sued Orange County landlord in small claims court to recover his $3,200 security deposit. The trial court awarded tenant $2,165 and awarded landlord $1,035 on his counterclaim for damages to the house. Landlord appealed and lost. Landlord claimed that damages totalled $3,000. But, although landlord showed some damage to the house beyond ordinary wear and tear, he failed to produce sufficient proof of the reasonable value of the cost of repairs in the form of paid receipts or two itemized estimates to warrant any further damages.

Former tenant sued Orange County landlord in small claims court to recover his $3,200 security deposit. The trial court awarded tenant $2,165 and awarded landlord $1,035 on his counterclaim for damages to the house. Landlord appealed and lost. Landlord claimed that damages totalled $3,000. But, although landlord showed some damage to the house beyond ordinary wear and tear, he failed to produce sufficient proof of the reasonable value of the cost of repairs in the form of paid receipts or two itemized estimates to warrant any further damages. Substantial justice was done between the parties by the trial court.

Trimble v. Hughes: Index No. 2018-841 OR C, 2020 NY Slip Op 50742(U)(App. T. 2 Dept.; 6/18/20; Adams, PJ, Tolbert, Ruderman, JJ)

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