Wyant v Catlin (2013 NY Slip Op 50662(U))
[*1]
Wyant v Catlin
2013 NY Slip Op 50662(U) [39 Misc 3d 1219(A)]
Decided on April 29, 2013
Justice Court Of The Town Of Red Hook, Dutchess County
Triebwasser, J.
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on April 29, 2013
Justice Court of the Town of Red Hook, Dutchess
County
Danielle Wyant
and Ardie Simmons, Plaintiffs,
against
Maribeth Catlin and Todd Catlin, Defendants.
C-414-13 SC
Jonah Triebwasser, J.
Plaintiffs (hereinafter "Tenants") are suing defendants (hereinafter
"Landlords") for the return of $2,393.82 of Tenants' security deposit. A trial was held on
April 18, 2013. Tenants and Landlords appeared pro se.
Facts of the
Case
Pursuant to the lease entered into between the tenants and
landlords on January 26, 2011, (Defendants' Exhibit J, in evidence) tenants paid a
security deposit of $2,800.00. This security deposit, according to the lease, was " . . .a
damage deposit . . .all or part of which may be non-refundable upon termination of this
lease to repair damage done by this Tenant." (Emphasis added.)
On February 14, 2013, tenants vacated the premises, owing no rentals to the
landlords. On that date, landlord and tenant did a "walk-through" of the premises to
assess any damages for the purposes of applying the security deposit, or part thereof, to
repair any damage. The sworn, uncontradicted testimony is that, at the conclusion of the
walkthrough (which was accomplished in approximately five minutes) landlord told
tenant "[p]lace looks good guys." Landlord did not take the opportunity of the