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) (e)
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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(e) Within fourteen days after the tenant has vacated the premises, the landlord
shall provide the tenant with an itemized statement indicating the basis for the amount of the
deposit retained, if any, and shall return any remaining portion of the deposit to the tenant. If a
landlord fails to provide the tenant with the statement and deposit within fourteen days, the
landlord shall forfeit any right to retain any portion of the deposit"
(General Obligations Law § 7-108 [1-a] [b], [e]). "[B]y the plain terms of the
statute only the obligations in subdivision (e) are subject to a penalty of forfeiture if they are not
complied with" ( 14 E. 4th St. Unit 509 LLC , 203 AD3d 17). 
Here, claimant vacated the premises in mid-December 2020, but for the purposes of this trial,
the parties stipulated that the date of vacatur was December 31, 2020. Thus, defendant was
required to provide claimant with an itemized statement and any remaining portion of the deposit
by Friday, January 14, 2021.

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