Tenant Gets Full Security Deposit Refunded in Small Claims Court Action

Tenant sued former landlord in small claims court for return of her security deposit as well as damages for a breach of the warranty of habitability. The trial court ruled for tenant and awarded her $2,738.

Landlord appealed and lost. Appellate review of a small claims action is limited to whether "substantial justice has been done between the parties" and the trial court's determination on issues of credibility is given substantial deference. Generally, a security deposit remains the tenant's property and must be returned unless there is proof that tenant caused damage beyond ordinary wear and tear. Landlord here failed to show that any repairs she made were necessary to remedy damage to the apartment beyond normal wear and tear after tenant had lived there for 12 years.

Blansett v. Zambrana: Index No. 2020-311QC, 2022 NY Slip Op 50310(U)(App. T. 2 Dept.; 4/8/22; Aliotta, PJ, Toussaint, Golia, JJ)