Tenant Never Moved into Apartment

July 31, 2005

LVT Number: 18278

Tenant sued landlord in small claims court to recover one month's security deposit of $1,325, as well as $475 representing half the cost of refinishing wood floors in the apartment. Tenant claimed that she didn't ask that the floors be refinished. She also never moved into the apartment. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord in part. Landlord admitted that he only lost two weeks' rent after tenant cancelled. Landlord was entitled to keep half of the security deposit plus the $340 cost of advertising for new tenant.

Tenant sued landlord in small claims court to recover one month's security deposit of $1,325, as well as $475 representing half the cost of refinishing wood floors in the apartment. Tenant claimed that she didn't ask that the floors be refinished. She also never moved into the apartment. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord in part. Landlord admitted that he only lost two weeks' rent after tenant cancelled. Landlord was entitled to keep half of the security deposit plus the $340 cost of advertising for new tenant. Tenant was entitled to a refund of $325.

Coolbaugh v. Banat: NYLJ, 7/14/05, p. 27, col. 4 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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