After the claimants vacated the property, the defendant modified the "Return of Security" document to include the alleged damages noted above and general cleaning costs, totaling $575 (the modified "Return of Security" document was accepted into evidence, without objection, as defendant's exhibit B). On that document was this notation: "My crew spent 12 hrs. cleaning & repairing damages." Exhibit B also included $500 as "security repay" along with the defendant's claim for lost rent in the amount of $600 because the new tenant didn't move in until March 15, 2018, because of the conditions at the property, according to the defendant. Defendant's claim for "security repay," cleaning and damages thus totaled[*3]$1,675. The revised "Return of Security" document then noted the claimants should not {**60 Misc 3d at 841}receive any portion of their security deposit back but actually owed the defendant a net amount of $275.[FN4]
The claimants disputed the defendant's assertion that the property was left in an unclean and unacceptable condition and claimed some of the doors and windows were broken prior to their occupying the property. The claimants did not sign either the original "Return of Security" document or the revised one (defendant's exhibit B), even though there is a place at the bottom for the claimants to sign stating "I have reviewed and agree with the amount of security returned."
Although the defendant claimed that he expended $575 for cleaning and damages and lost $600 rent for the first two weeks of March 2018, the defendant failed to submit any paid and itemized bills for services, repairs or lost rent, and he failed to submit any itemized estimates for services or repairs.
Discussion