Tenants Forfeit Three-Month Security and Owe More for Damaging Apartment

Former tenants of a Manhattan brownstone triplex sued landlord for return of their substantial security deposit. Among other things, they claimed that landlord commingled the deposit in violation of the General Obligations Law. Tenants paid three months' security deposit in the amount of $43,800.

Landlord claimed that tenants damaged the apartment and owed unpaid charges for gas and water. Landlord said that the cost of damage by tenants was greater than the security deposit. Tenants kept four or five dogs who scratched the carpets and left urine stains and odors on the floors. There also were chunks of wood missing from the decorative perimeter floor design, cracked and missing pieces of porcelain from the dining room fireplace, and other damage to wood moldings and staircase bannisters.

Tenants argued that the amount of damage claimed was inconsistent with the fact that the apartment was advertised for rent two months after they moved out. Landlord presented proof of the damages and repair costs.

The court ruled against tenants. Landlord proved damages totalling $174,733. After deducting the security deposit, tenants owed landlord $129,390. 

Moore v. Beautiful Spaces, LLC: Index No. 154302/2018, 2020 NY Slip Op 50576(U)(Sup. Ct. NY; 5/11/20; Marin, J)