Berg v. Slaff, 125 A.2d 844 (1956)

Citation: Berg v. Slaff, 125 A.2d 844 (1956)
Parent Document: Berg v. Slaff, 125 A.2d 844 (1956)
Jurisdiction: DC (municipal)
Effective Date: 1956-10-12
Original Source: https://www.courtlistener.com/opinion/1493187/berg-v-slaff/ ↗

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In examining the security deposit provision of the lease, language is found which strongly suggests that the parties intended to treat the deposit as an indemnification sum. Upon breach by the tenant of any covenant, condition, or term, the landlord was entitled to apply the deposit as “part payment” for certain specific expenses incurred by the landlord because of the breach. It would seem to logically follow that if the expenses incurred as a re-suit of the breach did not exceed the amount of the deposit, then at the termination of the lease the parties intended that the balance of the deposit be returned to the tenant. 5

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