Security Deposit Refund Offset by Cost of Damage

August 7, 2013

LVT Number: #24951

Former tenant sued landlord for $10,700, claiming that she had incurred exterminator expenses to combat a rodent and bedbug infestation in her apartment. She also sought the recovery of her security deposit. Landlord counterclaimed that he paid $10,618 to repair damage to the apartment after tenant moved out. The court awarded tenant $3,000 and landlord $7,760. Tenant appealed, claiming that the trial court didn't advise her that she had a right to call witnesses to testify against landlord's counterclaim. The appeals court ruled against tenant.

Former tenant sued landlord for $10,700, claiming that she had incurred exterminator expenses to combat a rodent and bedbug infestation in her apartment. She also sought the recovery of her security deposit. Landlord counterclaimed that he paid $10,618 to repair damage to the apartment after tenant moved out. The court awarded tenant $3,000 and landlord $7,760. Tenant appealed, claiming that the trial court didn't advise her that she had a right to call witnesses to testify against landlord's counterclaim. The appeals court ruled against tenant. The court didn't have to advise tenant how to try her case, and the decision was reached fairly.

Holder v. Campbell: 40 Misc.2d 129(A), 2013 NY Slip Op 51105(U) (App. T. 2 Dept.; 7/1/13; Pesce, PJ, Weston, Rios, JJ)

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