Tenant Entitled to Security Deposit Refund Due to Untimely Notice of Damages

Former tenant sued landlord for return of his $12,950 security deposit after he moved out of the premises. Tenant had asked landlord to perform a joint inspection of the property before he vacated, but landlord failed to do so. Landlord advised tenant that she wasn't returning his security deposit because of property damages resulting from the behavior of tenant's dogs, among other reasons. Tenant sought return of the security deposit plus punitive damages. The court ruled for tenant in part. Tenant was entitled to the security deposit refund because landlord failed to provide an itemized statement of the claimed damages within 14 days, as required by law. The claim for punitive damages was denied. The court also refused to dismiss landlord's counterclaim since it was impossible to determine whether the written estimates included repairs that were not due to the dogs' behavior.

Masseroli v. Gatfield: Index No. 60722/2022, 2024 NY Slip Op 24168 (Sup. Ct. Westchester; 6/12/24; Giacomo, J)