51 Misc 3d 386
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
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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
Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit defined. — 1. A landlord may not demand or receive a security deposit in excess
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
security deposit shall not be retained for the purpose of paying for normal wear and tear. [PL 1977, c. 359 (NEW).] 2. Return; time; retention. A landlord shall return to a tenant the full security deposit deposited with the landlord
person receiving the security deposit. Failure to comply with this subsection shall entitle the tenant to immediate return of security deposit. (2) Upon payment of the security deposit by means of an electronic funds transfer, the landlord shall give
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
landlord or of the tenant. (4) Any successor in interest is liable to the tenant for failure to return the security deposit, together with interest, as provided in this section. (e) (1) Within 45 days after
successor in interest, and said successor in interest shall be liable for the retention and return of said security deposit in accordance with the provisions of this section from the date upon which said transfer is made; provided however, that
tenant’s identity, or the amounts withheld from the previous tenant’s security deposit. ATCP 134.06(2)(2) Returning security deposits. A landlord shall deliver or mail to a tenant the full amount of any security deposit paid
lasted 1 year or more. After the expiration of 1 year, the landlord shall immediately return, as a credit to the tenant, any security deposit amount in excess of 1 month’s rent, including such amount which when combined with
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
landlord shall return the entire amount of the security deposit to the tenant. A return of the security deposit or the furnishing of the written notice and other required information in compliance with the requirements of this subsection shall
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
CASES CHAPTER 540-A PROHIBITED PRACTICES AND SECURITY DEPOSITS Security Deposits Section 540-A:7 540-A:7 Return of Security Deposit. – I. Except as provided in RSA 540-A:6, IV(c), a landlord shall return a security deposit
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