Tenant Entitled to Full Security Deposit Refund

Former tenant sued landlord in small claims court, seeking a refund of his $1,737 security deposit. Landlord in turn claimed that tenant owed $5,000 for repairs made to the apartment after tenant moved out. The court ruled for tenant and ordered landlord to refund the security deposit. Landlord appealed and lost. "Substantial justice" had been done between the parties. Landlord didn't prove that tenant caused damage beyond anything attributable to ordinary wear and tear after eight years of occupancy. Landlord didn't produce sufficient proof of the reasonable value of any claimed repairs, in the form of paid receipts or itemized estimates. Landlord also didn't prove that tenant failed to provide reasonable access to the apartment.

Quijano v. Rowinski: 64 Misc.3d 128(A), 2019 NY Slip Op 50990(U) (App. T. 2 Dept.; 6/14/19; Pesce, PJ, Weston, Elliot, JJ)