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As to the seventh cause of action for an accounting of the tenants' use and occupancy payments and the security deposit, although pendente lite use and occupancy payments are not trust funds, that portion of the seventh cause of action...
The evidence at trial established that defendant had kept the security deposit in an interest-bearing bank account. Under those circumstances, a tenant is generally entitled to recover not only the principal amount of the security deposit, but also any...
...The fact that claimant indicated that she would sue defendant in small claims court for return of the security deposit did not entitle defendant to retain the security deposit until the dispute was resolved in court.
At trial, Kirschner testified that he did not return any portion of the security deposit because claimant mistakenly insisted that the landlord return $1,743, which was not the amount of the security deposit which defendant held.
In March 2021, claimant contacted Assemblymember Linda B. Rosenthal for assistance in getting her security deposit returned (Plaintiff's Exhibit H). Assemblymember Rosenthal emailed Kirschner with a letter from claimant regarding her security deposit (Plaintiff's Exhibit G).
Because defendant neither timely returned claimant's entire security deposit nor timely provided her with an itemized statement and any portion of the deposit, defendant has forfeited any right to retain any portion of claimant's deposit.
Additionally, the court finds that Kirschner's explanation for not returning any portion of the security deposit was a pretext for not returning the security deposit. Kirschner admitted that there was no damage to the apartment, and that the apartment...
The parties have stipulated that petitioner owes respondent $65 as interest on the respondent’s rent security deposit and respondent shall have judgment on counterclaim No. 9.
Plaintiff argues in her reply brief, for the first time, that defendant was required under the lease to provide plaintiff with an "itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained...
In this small claims action by defendant's former tenant to recover a security deposit in the sum of $2,900, defendant counterclaimed to recover the sum of $3,695 for unpaid rent and damage to the apartment. At a...
With regard to the claim for breach of contract, the alleged lease contemplated that plaintiff would pay a security deposit, as well as rent for the first and last month, “prior to taking possession of the [p]remises.” Plaintiff alleged...
With regard to the claim for breach of contract, the alleged lease contemplated that plaintiff would pay a security deposit, as well as rent for the first and last month, “prior to taking possession of the [p]remises.” Plaintiff alleged...
It is undisputed that claimant had tendered a security deposit to defendant, in the amount of $1,327.93. Defendant held the security deposit in an interest bearing account with Chase Bank (Defendants' Exhibits 1, 2). As indicated on the...
In view of the foregoing, plaintiff is entitled to her $2,900 security deposit less the sum of $1,000, representing the cost to fix the damage plaintiff caused to the floors, for a net award to plaintiff of the...
Defendant is entitled to the return of its security deposit, with interest from the date of the inception of the lease, because plaintiff failed to prove that it did not commingle the security *538deposit with its own funds (see Tappan...
Defendant is entitled to the return of its security deposit, with interest from the date of the inception of the lease, because plaintiff failed to prove that it did not commingle the security *538deposit with its own funds (see Tappan...
...Respondent maintains a bank account, and his Social Security checks are deposited into that account. The last time respondent filed income taxes was in 1995.
...Second, the amount of her security on deposit is substantially less then [sic] stated as she never increased the security amount with her lease renewals. Her leases always stated the amount that was on deposit. We are willing to provide...
It is uncontroverted that plaintiffs had provided defendant with a $2,900 security deposit, and it is well settled that a tenant's security deposit is the property of the person making the deposit (see General Obligation Law § 7-103...
The plaintiff subsequently commenced this action against the Abruzzos and another defendant, inter alia, to recover the $20,000 security deposit. The complaint asserted a cause of action to recover damages for an alleged violation of General Obligations Law § 7...