Tenant Accepted Partial Return of Deposit

December 1, 1996

LVT Number: 11118

Tenant sued former landlord in small claims court for return of security deposit. The Nassau County court ruled for tenant, awarding him $965. Landlord appealed. The appeals court ruled for landlord and revoked the award to tenant. Tenant had negotiated for and accepted a partial security deposit. This agreement settled the matter of how much security deposit was owed to tenant. In addition, tenant owed landlord two months' rent increase and the cost of installing new locks. The court awarded landlord $90 on landlord's claim for these amounts.

Tenant sued former landlord in small claims court for return of security deposit. The Nassau County court ruled for tenant, awarding him $965. Landlord appealed. The appeals court ruled for landlord and revoked the award to tenant. Tenant had negotiated for and accepted a partial security deposit. This agreement settled the matter of how much security deposit was owed to tenant. In addition, tenant owed landlord two months' rent increase and the cost of installing new locks. The court awarded landlord $90 on landlord's claim for these amounts.

Martarano v. Chariton: NYLJ, p. 34, col. 4 (11/13/96) (App. T. 2 Dept.; Stark, JP, Ingrassia, Floyd, JJ)

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