of a sale. Tenants also point to the fact that the workmen came the day after tenants
moved out to show that the damages may have been caused by the workmen.
Court's Reasoning and
Decision
Tenants have proven by a preponderance of the evidence
that they submitted a security deposit of $2,800.00 to the landlords at the start of the
lease and that landlords have withheld $2,393.82 of that security deposit.
The purpose of the security deposit was clearly labeled in the lease as ". . . to
repair damage done by this Tenant." The lease is a contract between the landlords and
tenants. Once these tenants proved to the satisfaction of the Court that the security
deposit, or some portion thereof, has been withheld to pay for repairs which they contest,
it becomes incumbent upon the landlords, pursuant to that contractual obligation, to
prove that the damages were caused by tenants and the true value of the repair of those
damages. Landlords have failed to prove that the damages complained of were caused by
tenants. Therefore, they must return the balance of the security deposit to tenants.
It is the decision and Order of this Court that the landlords, Maribeth and
Todd Catlin, shall pay to the tenants, Danielle Wyant and Ardie Simmons, the sum of
$2,393.82 plus court costs of $15.00, for a total due Danielle Wyant and Ardie Simmons
of $2,408.82, within 30 days of the date of this Order
SO ORDERED.
Dated:Red Hook, New York
April 29, 2013
__________________________________________
JONAH TRIEBWASSER,
Justice, Town of Red Hook
Footnotes
Footnote 1: The choice of
descriptive language here was the Court's and not the witnesses.
Footnote 2: Again, the choice of
descriptive language here was the Court's and not the witnesses.