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Two adjournments shall not include an adjournment requested by a respondent unrepresented by counsel for the purpose of securing counsel made on a return date of the proceeding. Such rent or use and occupancy sums shall be deposited with the...
...The agreement shall be admissible as evidence of the condition of the premises at the beginning of occupancy only in proceedings related to the return or amount of the security deposit.
...Any statement produced pursuant to this paragraph shall only be admissible in proceedings related to the return or amount of the security deposit.
Contrary to plaintiff's contention, there is no provision in the General Obligations Law requiring a landlord to return the full amount of the security deposit to the tenant upon the landlord's failure to notify the tenant in writing...
At trial, Kirschner testified that he did not return any portion of the security deposit because claimant mistakenly insisted that the landlord return $1,743, which was not the amount of the security deposit which defendant held.
...The fact that claimant indicated that she would sue defendant in small claims court for return of the security deposit did not entitle defendant to retain the security deposit until the dispute was resolved in court.
"Management has concocted ridiculous reasons to justify its refusal to return her security deposit, such as her visiting the building and falsely accusing her of feeding birds outside. I should remind you that none of these allegations hold pertinence in...
Additionally, the court finds that Kirschner's explanation for not returning any portion of the security deposit was a pretext for not returning the security deposit. Kirschner admitted that there was no damage to the apartment, and that the apartment...
In March 2021, claimant contacted Assemblymember Linda B. Rosenthal for assistance in getting her security deposit returned (Plaintiff's Exhibit H). Assemblymember Rosenthal emailed Kirschner with a letter from claimant regarding her security deposit (Plaintiff's Exhibit G).
On March 3, 2021, claimant sent, via certified mail with return receipt requested, a letter to Kirschner, demanding a return of her security deposit (Plaintiff's exhibit C, certified mail receipt and signed return receipt).
Because defendant neither timely returned claimant's entire security deposit nor timely provided her with an itemized statement and any portion of the deposit, defendant has forfeited any right to retain any portion of claimant's deposit.
...Because the landlord's obligations with respect to the security deposit arise under the lease and there is no evidence that the security deposit has been returned, the tenants' twelfth cause of action for attorneys' fees under Real Property Law...
Claimant credibly testified that, around the end of January and in February 2021, she telephoned and emailed Kirschner regarding the return of her security deposit, and that he did not return any calls.
Defendant is entitled to the return of its security deposit, with interest from the date of the inception of the lease, because plaintiff failed to prove that it did not commingle the security *538deposit with its own funds (see Tappan...
Defendant is entitled to the return of its security deposit, with interest from the date of the inception of the lease, because plaintiff failed to prove that it did not commingle the security *538deposit with its own funds (see Tappan...
...At a nonjury trial, it was established that plaintiff had paid defendant $2,900 as a security deposit and that defendant had not returned any part thereof to plaintiff. It was undisputed that, in a prior nonpayment summary proceeding, defendant...
The court finds that, as a management company, Kaye Equities, knew or should have known of General Obligations Law § 7-108, the law governing the return of security deposits.
On July 1, 2002, Edge brought suit against the Blank Trust for the return of $90,000 in rental payments for the period of January through September of 2001, a $15,000 security deposit, $50,000 for equipment it claims...
...with a $2,900 security deposit, and it is well settled that a tenant's security deposit is the property of the person making the deposit (see General Obligation Law § 7-103) and must be returned at the conclusion of...
It is undisputed that defendant did not return any portion of the security deposit to claimant. Defendant submitted no evidence that it had provided claimant with an itemized statement indicating the basis for the amount of the deposit retained, if...