Tenants Entitled to Security Deposit Refund

July 31, 2011

LVT Number: #23549

Tenants sued landlord for the return of their security deposit. Tenants claimed that they were constructively evicted due to lack of heat and unsanitary conditions. Landlord claimed that tenants breached their lease and weren't entitled to the return of the deposit. The court ruled for tenants. Tenants moved into the apartment in May without heat. They continued to complain through October and told landlord they were moving out. Landlord wasn't required to provide heat from May through September but was required to provide heat in October.

Tenants sued landlord for the return of their security deposit. Tenants claimed that they were constructively evicted due to lack of heat and unsanitary conditions. Landlord claimed that tenants breached their lease and weren't entitled to the return of the deposit. The court ruled for tenants. Tenants moved into the apartment in May without heat. They continued to complain through October and told landlord they were moving out. Landlord wasn't required to provide heat from May through September but was required to provide heat in October. They were justified in moving out if they were deprived of heat for an unreasonable time.

Olszewski v. Neuman: Index No. SC3226/10, NYLJ No. 1202502682481 (Dist. Ct. Nassau; 6/24/11; Voutsinas, J)

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