Tenants Deducted Security Deposit from Rent

September 30, 2000

LVT Number: 14483

Landlord sued to evict tenants for nonpayment of rent. Tenants had deducted the amount of the security deposit previously paid to landlord from their rent. Landlord claimed that they had no right to do so under their lease. The court ruled for tenants. Tenants pointed out that they had gotten a copy of mortgage foreclosure papers sent to landlord that indicated that security deposits hadn't been returned to prior tenants. Tenants asked landlord for proof that their security deposit was properly held in a separate bank account.

Landlord sued to evict tenants for nonpayment of rent. Tenants had deducted the amount of the security deposit previously paid to landlord from their rent. Landlord claimed that they had no right to do so under their lease. The court ruled for tenants. Tenants pointed out that they had gotten a copy of mortgage foreclosure papers sent to landlord that indicated that security deposits hadn't been returned to prior tenants. Tenants asked landlord for proof that their security deposit was properly held in a separate bank account. When landlord didn't do so, they were justified in deducting the security deposit from their rent.

Whittlesey v. Knight: NYLJ, 9/13/00, p. 28, col. 3 (Justice Ct. Ossining; Shapiro, J)

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