Showing 41–60 of 1,035 results
except for the obligations set forth herein.” It is undisputed that tenant timely vacated. However, landlord refused to return the security deposit based upon the existence of certain miscellaneous construction violations placed against the premises which, it alleged, would cause
address of the banking organization in which the security deposit was deposited [*10]"permits an inference of commingling" (Landlord's exhibit A, ¶ 37) and entitled Tenant to the "immediate return of the security deposit [in the amount
CASES ON THOMSON REUTERS WESTLAW® Path: Home > Cases > New York State & Federal Cases > New York Official Reports Query: return /5 ‘‘security deposit’’ /p convey! APPEARANCES OF COUNSEL Jeffrey Herzberg, P.C. (Jeffrey Herzberg of counsel) for appel- lants. Polin, Prisco & Villafane
addressed. The defendant pointed out several paragraphs of the lease (claimants' exhibit 1) addressing the return of the security deposit. For example, the lease stated the claimants' security deposit would only be returned upon a written 30-day notice
Hyman Aaron et al., Appellants. Real property — landlord and tenant — lease — deposit as security that tenant will conform to provisions — conveyance of property and security — covenant to return security passed to grantee subject to terms of lease — deposit
forward, as "[a] covenant to pay rent is independent [*7]from a covenant by the landlord to return a security deposit" (Matter of Ideal Reliable Sundries, Inc., 49 AD2d at 852; see also Paterno v Carroll, 75 AD3d
that the Security Deposit had not been released to the Colacinos despite due demand for it, and that if it was not returned immediately, the Colacinos would commence an action for the return of the Security Deposit.[FN3] By letter
landlords who refuse to refund a security deposit, many of whom see these deposits as a lease improvement fund to do maintenance on their building and who have no intention to return it at the end of a lease
support for the implicit determination of the court below that plaintiff was not entitled to the return of the security deposit because defendant incurred at least $2,200 in expenses repairing the damage plaintiff allegedly caused to the apartment
first cause of action alleges that Landlord breached the lease by failing to return the security deposit and seeks damages in the amount of $10,580 plus interest. The second cause of action alleges that Landlord wrongfully converted the security
tenant for repayment, and the transferee of such deposit is responsible to the tenant for its return (see General Obligations Law §7-105[2]). "[T]he return of a security deposit is viewed as a collateral agreement that does
Gignac [*2]informed Ms. Young that she would move. When Ms. Gignac asked Ms. Young to return her security deposit, Ms. Young replied that she would construe Ms. Gignac's decision to move as Ms. Gignac's thirty-day notice
awarded, in addition to the principal sum of $7,500 upon their first counterclaim (for the return of their security deposit) and the principal sum of $100 upon their third counterclaim (for water charges), the principal sum of $483.71 upon
awarded, in addition to the principal sum of $7,500 upon their first counterclaim (for the return of their security deposit) and the principal sum of $100 upon their third counterclaim (for water charges), the principal sum of $483.71 upon
penalty (see Emails, NYSCEF Doc. Nos. 43, 44). Thus, defendants insist that they are entitled to the return of their security deposit. However, the request for the return of the security deposit is inextricably intertwined with the underlying lease agreement
however, are (1) whether or not a counterclaim for rent can be asserted against a claim for a security deposit return, or (2) whether it was waived in the original eviction proceeding
have failed to prove that the damages complained of were caused by tenants. Therefore, they must return the balance of the security deposit to tenants. It is the decision and Order of this Court that the landlords, Maribeth and Todd
indicated below. [*2] Plaintiff Doug Band brings this breach of lease and conversion action, seeking the return of his security and utility deposits. Plaintiff entered into a residential lease (Lease) with defendant Bradford Peters, to rent defendant's home
return of their deposits from the current landlords of the properties in which they reside. To enable successor landlords to act as a trustee with regard to these deposits, they must be provided with a remedy to secure the return
agreement, which was still prior to the commencement of the term of the lease, plaintiffs requested the return of their security deposit. Plaintiffs ultimately refused defendant's tender of a check for $664, which represented the [*2]balance