SECURITY DEPOSITS

Landlord Can't Seek Property Damage Compensation from Vacating Tenant

May 23, 2020    

Landlord sued former tenant of a single-family house in small claims court for $5,000, based on unpaid rent and damage to property. The court ruled for landlord in part, finding that tenant owed unpaid rent of $2,950...

Landlord Didn't Notify Tenant Where Security Deposit Was Held

May 20, 2020    

Landlord sued former tenant for unpaid rent. Tenant, in turn, counterclaimed for return of his $12,750 security deposit. The court ruled against tenant, who appealed and won. Landlord had failed to give tenant notice...

Landlord Withheld "Move-Out Fee" from Security Deposit

April 27, 2020    

Former tenant sued landlord in small claims court for $5,000, after landlord failed to return his full security deposit. Although tenant's lease ran through Aug. 31, 2019, tenant broke his lease and moved out mid...

Landlord Can't Retain Security Deposit When No Lease Actually Executed

November 21, 2019    

Prospective tenant who never took occupancy sued landlord for return of a $3,200 security deposit submitted with a lease application. A lease was never executed because the parties didn't agree on some of the...

Landlord Must Refund Security Deposit

October 23, 2019    

Former tenant sued landlord, the co-op shareholder, for return of her security deposit after she moved out. Landlord claimed that tenant wasn't entitled to a refund because, as the result of a number of short-...

Tenant Awarded Full Refund of Security Deposit

September 25, 2019    

Former tenant sued landlord in small claims court to recover $2,900 security deposit paid for rental of landlord's house. Landlord counterclaimed for $1,906 in property damage, repairs, lost wages, late fees, and...

Tenant Entitled to Full Security Deposit Refund

July 15, 2019    

Former tenant sued landlord in small claims court, seeking a refund of his $1,737 security deposit. Landlord in turn claimed that tenant owed $5,000 for repairs made to the apartment after tenant moved out. The court...

Tenant Who Moved Out Five Days Late Entitled to Most of Security Deposit

March 15, 2019    

Former tenant sued landlord for return of his $3,000 security deposit after he moved out of the apartment. The trial court ruled against tenant, who appealed and won. Tenant moved out and returned apartment keys five...

DHCR Can't Rule on Tenant's Claim for Interest on Security Deposit

December 26, 2018    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant still claimed rent overcharge and also claimed that landlord never paid her interest on her...

Landlord Doesn't Have to Refund Security Deposit

February 14, 2018    

Former tenant sued landlord for return of his security deposit after he moved out of an apartment. The court dismissed the case after a trial. Tenant appealed and lost. The appeals court found that the trial court...

Landlord Can Collect Combined Security Deposit for Apartment Plus Parking

September 28, 2017    

Rent-stabilized tenant complained of rent overcharge based both on his apartment rent and parking fees collected from the date that he moved in. He also said that his apartment was unlawfully deregulated while the...

Landlord Must Refund Second Month's Security Deposit

June 26, 2017    

Rent-stabilized tenant complained of rent overcharge, specifically that landlord held more than one month's security deposit even though tenant was more than 65 years old. Landlord argued that it bought the...