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Slip Op 50172[U], *5 ["The fact that a (tenant-)depositor may not ask for the return of a security deposit does not obviate (the landlord's) legal obligation to return it to the depositor when required
sublease was delivered on June 11, 2015). At that point, Royal had the unilateral option to terminate and return the security deposit to Urban. Royal contends that the original section 2.3 (B) does not govern nor is it dispositive
parties’ intent (see, Sharp v Stavisky, 221 AD2d 216), we conclude that tenant was entitled to the return of the security deposit upon his timely vacatur. There was no reservation of rights with respect to the condition of the premises
shall upon conveying the property deal with the security deposit in one of three ways: A. Turn over the sum deposited to his grantee and notify tenant by registered mail. B. Return the sum deposited to the tenant. O. Retain
landlord failed to return the rent security when the tenant moved out. If, however, the landlord refuses to return your security deposit because your landlord says that you failed to pay rent or damaged the apartment, you must generally
substantial background of value and monetary return and landlords generally met their contractual obligation to the tenant to return deposits of security made under leases. With the advent of the financial depression and the tumbling of real property values, followed
NYSCEF No. 9 at 5 ¶ 52, 10 [lease provisions about security deposit].) Landlord does not contend that it returned the security deposit to Kletsman upon the expiration of the lease; nor that landlord applied the deposit to any amounts owed
affirmative defenses. Plaintiffs thereafter moved for summary judgment on their second cause of action, seeking the return of the withheld tenant security deposits, and the striking of the affirmative defenses and counterclaims. In a supporting affidavit, an officer and principal
approval, a month after the parties' agreement, plaintiff cancelled the agreement and demanded the entire deposit's return. Defendant returned the security portion and retained the rent portion, and this action ensued
purported to terminate the sublease on the ground that the City did not provide consent and sought return of its security deposit. As Royal correctly contends, Urban had no such right and did so before the{**53 Misc
Lease provides for the Utilities and Security Deposits to be deposited in a "segregated account within New York State". Lease, ¶¶ 2 and 4. The Lease also provides for the return of the Security Deposit "[w]ithin forty-five (45) days
purchaser. The Colacinos now move for partial summary judgment on the issue of their entitlement to the return of a Security Deposit and seek an order directing Ebert to pay over the Security Deposit to them. The Colacinos argue that
limited by the briefs, granted defendant's motion to dismiss the cause of action seeking a return of the security deposit, unanimously reversed, on the law, with costs, and the motion denied. The parties' lease provides that, in the event
This court agrees. It is undisputed, both at trial and on this motion, that defendant did not return plaintiff's security deposit. (See NYSCEF No. 63 at ¶ 14 [defendant's aff. in opposition].) It is also undisputed that the lease
have a cause of action against Samson either for breach of the lease or for the return of his security deposit or prepaid rent. Accordingly, so much of the judgment as was against Samson for, in effect, the return
total of $553.54. After a nonjury trial, the District Court found that plaintiff was entitled to the return of his security deposit and that defendant had established his counterclaim. Defendant appeals from so much of the judgment as awarded
Jonah Triebwasser, J. Plaintiffs (hereinafter "Tenants") are suing defendants (hereinafter "Landlords") for the return of $2,393.82 of Tenants' security deposit. A trial was held on April 18, 2013. Tenants and Landlords appeared pro se. Facts of the Case Pursuant
Butten v Maggio Realty LLC, 2014 NY Slip Op 51885(U). Land- lord and Tenant—Security Deposits—Return of Security Deposit and Rent in Anticipation of Taking Possession after Landlord Re-Rented to Third Party. (App Term, 1st Dept
tenant's breach of a lease condition.[FN3] Moreover, the obligation to account for and return any unneeded security deposit rests on the landlord and the tenant does not have to sue to get it back. In an egregious case
monthly rental of $1,200. Among other things, the lease stated the claimants' security deposit would only be returned upon a written 30-day notice to the defendant and if the property was left in "move-in" condition (para