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tenant is always entitled to the return of the entire amount of the security deposit. The entire security deposit must be returned to the tenant at the end of the tenant's occupancy[FN5] unless it can be proved that
Security return" document (defendant's exhibit A) and the "Return of Security" document (defendant's exhibit B), and by releasing to Mrs. Camacho $500 of the security deposit prior to her vacating the property. Even if there were no waiver
referred by defendant to plaintiff. While, under the circumstances presented, plaintiff was entitled to the return of the $2,200 security deposit, she failed to prove her entitlement to interest on the deposit. A tenant is entitled to interest
premature plaintiff tenant's motion for summary judgment on his causes of action seeking a full return of his security deposit from defendant landlord and attorneys' fees, unanimously affirmed, without costs. The court properly denied plaintiff's motion for summary
July of 2004, shortly after the tenants vacated, the account was liquidated and there was a refusal to return the security deposit to plaintiffs. Plaintiffs sue to recover the security deposit upon theories of conversion and breach of contract
Notably, defendant is only seeking to invoke a deemed renewal as a defense to its failure to return a security deposit. Generally, security deposits for rent-stabilized units may not exceed the value of one month's rent and must
Notably, defendant is only seeking to invoke a deemed renewal as a defense to its failure to return a security deposit. Generally, security deposits for rent-stabilized units may not exceed the value of one month’s rent and must
BEAN v MORGAN GUN HILL, LLC [51 Misc 3d 386] 391 Plaintiff seeks return of her $840 security deposit as well as an additional $1,000 in travel expenses related to this litiga- tion. This court cannot award any party
which permits such an award where a landlord acts "willfully" in failing to timely return a security deposit. The court found that defendants had "presented competent evidence at trial" that plaintiff had caused damage to their well pump, that defendants
Respondent notes that while petitioner would be liable for the security deposit if Broadway LLC transferred such deposit to petitioner, petitioner has no liability to respondent for its return if Broadway LLC failed to effectuate such a transfer and that
advance fees. We help resolve complaints that a landlord has done any of the following:failed to return your security deposit when you move outcharged more than one month's rent for your security depositfailed to place your security deposit
additional month as use and occupancy, or, in the alternative, an offset against Plaintiffs' claim for the return of their security deposit. CONCLUSIONS OF LAW Notwithstanding the various disputes raised at trial regarding payments purportedly made by Plaintiffs pursuant
requirement that a tenant provide a landlord with written notice prior to the right to have a security deposit returned violates General Obligations Law § 7-103 (3) and the terms of and public policy behind General Obligations
return of the security de- posit. This argument is unavailing. Section 7-105 provides gen- erally that when a landlord transfers the ownership of a prop- erty, it must also transfer the tenant’s security deposit to the new owner
respondent, the wording "the security deposit + interest, if any," should be read to mean that the security deposit is to be returned unconditionally, and interest is to be returned conditionally, "if any" exists. Respondent's attorney argues that the stipulation
from the defendant 213 Court Realty, LLC, the successor owner of the property. The defendants refused to return the security deposit, alleging that because the plaintiff owed rent and other money, they were entitled to retain
Tenant — Rent Regulation — Lease Not Deemed Renewed When Rent-Stabilized Tenant Holds Over after Expira- tion of Lease — Return of Security Deposit In a small claims action in which claimant tenant sought the return of his security deposit, defendant landlord
transferred to the grantee. (GOL §§ 7-107 & 7-108.) Under New York common law, however, the return of a security deposit is viewed as a collateral agreement that does not run with the land and transferees of the land would
Kirschner a formal letter, stating, in relevant part, "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
tenant made a demand for the return of the security deposit,[FN6] and (4) the landlord refused to return the security deposit." (Id.) Once the tenant has proved those elements, the tenant is entitled to the entire security deposit unless