At trial, Hamilton provided photographs and testimony that the apartment was left in a condition that reflected no more damage than would be expected from reasonable wear and tear. In contrast, Bosko claimed that the apartment was abnormally dirty. In particular, his witnesses testified that garbage was lodged under the stove, the sink and the tub had stains, food items remained in the refrigerator, dog hair littered the apartment, garbage was left on the back porch and the windows and ceiling fans were dirty. Beyond the cleanliness issues, Bosko offered evidence concerning physical damage—several areas of moulding had been scratched and chewed by a dog and an alteration had been made to an electrical outlet.
Security deposits are regulated by statute. In particular, General Obligations Law § 7-103 (1) provides in pertinent part that
"[w]henever money shall be deposited . . . for the use or rental of real property as security for performance of the contract or agreement . . . such money . . . shall continue to be the money of the [*2]person making such deposit or advance and shall be held in trust by the person with whom such{**54 Misc 3d at 388} 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."