"a tenant must prove the following elements: (1) the tenant paid a security deposit to the landlord,{**60 Misc 3d at 843} (2) the tenant caused no damage to the apartment beyond ordinary wear and tear, (3) the tenant made a demand for the return of the security deposit,[FN6] and (4) the landlord refused to return the security deposit." (Id.)
Once the tenant has proved those elements, the tenant is entitled to the entire security deposit unless the landlord proves "(1) . . . the tenant caused damaged [sic] to the property beyond ordinary wear and tear and (2) the landlord must prove what cost was incurred (or is estimated to incur) in order to remediate the extraordinary damage caused by the tenant." (Id.)
Following the Hamilton analysis, the next step in this action is to analyze the four elements to be proved by the claimants in light of the facts; if the claimants met their burden, then it's necessary to determine whether the defendant satisfied his burden to prove the existence of "extraordinary damage" and the cost incurred by the defendant to remediate the damage as shown by itemized bills or invoices marked paid or by two itemized estimates for services or repairs (UCCA 1804).