Footnote 6:(But see Kamara v Pavia, 2006 NY Slip Op 50172[U], *5 ["The fact that a (tenant-)depositor may not ask for the return of a security deposit does not obviate (the landlord's) legal obligation to return it to the depositor when required to do so, or to provide an accounting of his expenditures to the depositor when he does not return the deposit"].) This point is discussed below in more detail.
Footnote 7:The court's discussion of the painting charges and inclusion of the reference " 'due to nicotine' " implies that the case before the court included elements similar to the condition of the premises in McCormick (182 Misc 2d at 569, 570).
Footnote 8:Even if the claimants left before the end of the term, the claimants would not have automatically forfeited the security deposit. As noted throughout this decision, a landlord holds a tenant's security deposit in trust and can only retain some or all of a security deposit if the landlord can prove damages more than simply ordinary wear and tear or, for example, if the tenant left without paying all required rent.
Footnote 9:
"Whenever money shall be deposited or advanced on a contract or license agreement for the use or rental of real property as security for performance of the contract or agreement or to be applied to payments upon such contract or agreement when due, such money, with interest accruing thereon, if any, until repaid or so applied, shall continue to be the money of the person making such deposit or advance and shall be held in trust by the person with whom such deposit or advance shall be made and shall not be mingled with the personal moneys or become an asset of the person receiving the same." (General Obligations Law § 7-103 [1] [emphasis supplied].)