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2018 NY Slip Op 28204

Citation
2018 NY Slip Op 28204
Jurisdiction
New York (state)
Source
Official source

Full Text

1,743 chars
The claimants, in March 2017, moved into the property pursuant to a lease with the defendant (claimants' exhibit 1, in evidence, without objection); the lease allowed the claimants to occupy the property from March 1, 2017, to February 28, 2018, at a monthly rental of $1,200. Among other things, the lease stated the claimants' security deposit would only be returned upon a written 30-day notice to the defendant and if the property was left in "move-in" condition (para 1); the deposit could not be used for the last month's rent or the claimants' would "forfiet [sic] your remaining security deposit" (para 2); any damage not repaired would be taken from the deposit (para 5); the claimants would be responsible for any non-reported "mechanical or physical disorders" (para 6); the property "must {**60 Misc 3d at 839}be kept in move-in condition, free from garbage, litter etc." (para 7); and if the claimants left before the end of the term, the claimants would "forfiet [sic] your security deposit" (para 11).

The claimants occupied the property until February 26, 2018, and the defendant admitted the rent was paid in full through February 2018; claimants' exhibit 3, in evidence [*2]without objection, was a receipt for payment of February's rent.[FN1] Mr. Camacho, in January 2018, verbally advised the defendant the claimants would be vacating the property at the end of February 2018.[FN2] On February 21, 2018, Mrs. Camacho and the defendant signed a document entitled "Security return" (defendant's exhibit A, in evidence, without objection) by which the defendant agreed to release $500 of the security deposit to Mrs. Camacho to help her secure a new place to live. The agreement required Mrs. Camacho to acknowledge she was