Legal Question in Tax Law in New York

Security Deposit

What are the responsibilities of the landlord's return of

the security deposit? I occupied a residence for 10 years

on a month to month agreement. The landlord claims damage

to 2 appliances were a result of my responsibility and

excede the value of the security deposit. I conclude it was

normal wear and tear. In other words I did not inflict the

damage it was a factor of time and durability of the items

in question. Given the cost represents under 1 percent of

the ren collected, ist it not a cost of doing business for

the landlord?


Asked on 1/28/06, 9:39 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Security Deposit

File a claim in your local small claims court.

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Answered on 1/28/06, 10:43 am
Walter LeVine Walter D. LeVine, Esq.

Re: Security Deposit

I agree with Norman that this looks like a small claims matter. Landlord's are required to return security, less any damage attributable to tenant's occupancy. Did you take pictures of the apartment before you left? If so, they could be helpful on the issue you raise. What did the lease say about responsibility for minor repairs, including appliances, if anything? What were the nature of the repairs done by the landlord? These are the types of questions a judge will ask in small claims court. Normal wear and tear, you should win. Damages requiring repair, you may lose.

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Answered on 1/28/06, 1:04 pm


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