Tenant Not Entitled to Security Deposit Refund

March 1, 2008

LVT Number: #20228

Former tenant sued landlord for return of his security deposit. Landlord claimed that tenant owed back rent, so landlord was entitled to keep the security deposit. Tenant argued that because he used his Social Security disability benefits as the security deposit, they couldn't be retained as the security deposit. The court ruled against tenant. It didn't matter where the $1,275 security deposit came from. Tenant chose to use this money as a security deposit for rent. The funds weren't exempt.

Former tenant sued landlord for return of his security deposit. Landlord claimed that tenant owed back rent, so landlord was entitled to keep the security deposit. Tenant argued that because he used his Social Security disability benefits as the security deposit, they couldn't be retained as the security deposit. The court ruled against tenant. It didn't matter where the $1,275 security deposit came from. Tenant chose to use this money as a security deposit for rent. The funds weren't exempt.

Rolle v. A.T.M. Three LLC: NYLJ, 2/6/08, p. 28, col. 3 (Dist. Ct. Nassau; Fischer, J)

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