"still responsible in full for any cleaning, damages Etc. that needs to be done after I have removed my belongings. I am fully aware that I may incure [sic] deductions from the remaining portion of security for repairs, cleaning or damages. The remaining portion of security will be returned after cleaning and repairs are completed with the 30 day period following my departure."[FN3]
The claimants fully vacated the property on February 26, 2018. The claimants noted the property was left in clean condition after they vacated and produced 13 pictures taken by Mrs. Camacho on February 26, 2018, showing the condition of the property at that time (collectively claimants' exhibit 2, in evidence, without objection). The pictures offered by the claimants in exhibit 2 showed the property generally to be in a clean and good condition.
At or around the time the claimants vacated the property, the defendant gave the claimants another document entitled {**60 Misc 3d at 840}"Return of Security" (the defendant did not have a copy of that document but noted the claimants had it; the claimants had taken a picture of it with their cell phone and, while in court, showed the document on the phone, without objection from the defendant). In that document's original form, the defendant indicated he would return to the claimants $1,075 out of the $1,800 security deposit (and the $1,075 included the $500 advance on the security deposit the defendant gave Mrs. Camacho). The claimants did not sign the form.