Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)

Citation: Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)
Parent Document: Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)
Jurisdiction: New York (state)
Effective Date: 2022-04-06
Original Source: https://nycourts.gov/reporter/3dseries/2022/2022_50317.htm ↗

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"Under General Obligations Law § 7-103 (1), it is black letter law that money
deposited or advanced by a tenant on a lease agreement 'shall continue' to be tenant's money and
'shall' be held in trust for the benefit of tenant until the lease is terminated and it is repaid or
applied. The deposit is meant to cover the costs of repairing damages to the
apartment" ( 14 E. 4th St.
Unit 509 LLC v Toporek , 203 AD3d 17 [1st Dept 2022]). 
The security deposit "must be returned at the conclusion of the tenancy, absent proof, for
example, that the tenant caused damage beyond that attributable to ordinary wear and tear" ( Gable v Cahill , 69 Misc 3d
128 [A], 2020 NY Slip Op 51135[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists
2020]). "Where a landlord establishes that the tenant caused such damage, it is the landlord's
further burden to establish the reasonable value of any of the repairs allegedly made to the
premises" ( id. [internal citations and quotation marks omitted]).

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