Tenant Awarded Full Refund of Security Deposit

September 25, 2019

LVT Number: #30370

Former tenant sued landlord in small claims court to recover $2,900 security deposit paid for rental of landlord's house. Landlord counterclaimed for $1,906 in property damage, repairs, lost wages, late fees, and early termination fees. The trial court ruled for tenant, granting a full refund of the security deposit, and dismissed landlord's counterclaim. Landlord appealed and lost. Review of a small claims court determination is limited to whether "substantial justice" has been done between the parties, and that was done in this case.

Former tenant sued landlord in small claims court to recover $2,900 security deposit paid for rental of landlord's house. Landlord counterclaimed for $1,906 in property damage, repairs, lost wages, late fees, and early termination fees. The trial court ruled for tenant, granting a full refund of the security deposit, and dismissed landlord's counterclaim. Landlord appealed and lost. Review of a small claims court determination is limited to whether "substantial justice" has been done between the parties, and that was done in this case. Landlord didn't prove that tenant caused damage beyond what's attributable to ordinary wear and tear, and failed to provide the court with any proof of her damages. And landlord wasn't entitled to recover damages for lost wages or for late fees and early termination fees. 

Chery v. Richards: Index No. 2018-1743, 2019 NY Slip Op 51403(U) (App. T. 2 Dept.; 8/22/19; Adams, PJ, Tolbert, Emerson, JJ)

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