Showing 1–20 of 1,035 results
good cause for retention of a security deposit, and must be deemed a will- ful failure to return a security deposit under Ithaca City Code § 258-7. (Real Property Law § 226-b [6]; L 1983, ch 403, § 1, reprinted following
company, Kaye Equities, knew or should have known of General Obligations Law § 7-108, the law governing the return of security deposits. Additionally, the court finds that Kirschner's explanation for not returning any portion of the security deposit
some items discussed below); (3) although it is not clear the claimants would have to demand the return of the security deposit, the testimony of the parties showed the claimants and the defendant on a number of occasions discussed
returned the entire security deposit upon termination of the lease. Plaintiffs alleged, inter alia, that defendants failed to return their security deposit within the time set forth in the lease, and commingled security deposit moneys with other funds inasmuch
plaintiff the sum of $1,100). In this small claims action in which claimant is seeking the return of her security deposit, it is undisputed that at the commencement of the tenancy she deposited $1,100 as security with defendant
plaintiff the sum of $1,100). In this small claims action in which claimant is seeking the return of her security deposit, it is undisputed that at the commencement of the tenancy she deposited $1,100 as security with defendant
tenant made a demand for the return of the security deposit, and (4) the landlord refused to return the security deposit. Once those elements are met, the tenant has established that the security deposit is her property. At this point
pursuant to General Obligations Law § 7-108 (1-a) (e), (g), as a result of defendants' delay in returning his security deposit and their retention of a portion thereof. Defendants justified their retention of $835 of the security deposit based
Berns, 143 Misc 781 [App Term 1st Dept 1932].) Respondent's argument, that petitioner is liable to return the security deposit pursuant to the parties' lease agreement, lacks merit. Paragraph 31, the relevant provision of the lease, closely mirrors
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
security deposit would be returned to the tenant within "60 days after" the lease was terminated as long as the tenant did not breach the lease. After the lease terminated, the tenant requested the return of his security deposit. When
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
return of her security deposit, and that he did not return any calls. 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
APPROXIMATE NUMBER OF APARTMENTS IN BUILDING: 5. YOUR COMPLAINT CONCERNS: ( ( ( 6. ) ) ) Landlord failed to return rent security deposit. Landlord failed to place security deposits in trust account. Landlord failed to pay interest on security deposit. (a) AMOUNT OF SECURITY DEPOSIT
company, Kaye Equities knew or should have known of General Obligations Law § 7-108, the law governing the return of security deposits. "[T]he acts of agents, and the knowledge they acquire while acting within the scope of their authority
tenant made a demand for the return of the security deposit, and (4) the landlord refused to return the security deposit. "Once those elements are met, the tenant has established that the security deposit is her property. At this point
security deposit. deposit per year for the owner’s administrative costs. The tenant can choose whether the interest If the tenant disagrees with the owner over the is to be subtracted from the rent, held in trust until return
executed and the application is no more than an offer to lease subject to negotiation, a landlord must return the security deposit notwithstanding the presence of a liquidated damage provision, see Rivertower Assoc. v. Chalfen, 153 AD2d 196 (1st Dept
order requiring respondents to replenish it, and respondents seek an order for their return. B. The Law An escrow account is a security deposit. If money deposited with a landlord serves as a quasi-insurance policy to ensure compliance with
Albany, September 20, 2019 HEADNOTE Landlord and Tenant — Security Deposits — Return of Security De- posit In a small claims action to recover plaintiff tenant’s security deposit and first month’s rent from defendant landlord’s property management company based