Landlord Ordered To Return Security Deposit; Request To Stay Foreclosure Sale Denied: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Masseroli v. Gatfield," and "U.S. Bank, National Association v. Nosratabdi."
July 30, 2024 at 02:40 PM
13 minute read
Landlord-Tenant—Landlord Ordered To Return Rent Security Deposit—Failure To Comply With GOL §7-108 (1-a)(c)-(e)—Tenant Claimed Landlord's Damage List Was Filled With "Lies And Exaggerations"—GOL §7-108(3) Provides That Any Agreement by a Tenant of a Dwelling Waiving or Modifying Any Rights Provided In the GOL With Respect to the Security Deposit Provisions Shall Be "Absolutely Void"—Statutory 14-Day Period Must Be Complied With Regardless of Lease Provision Which Gave Landlord 30 Days To Return the Security Deposit—Although Landlord Must Return the Security Deposit, Landlord May Pursue a Separate Litigation Against Tenant for Damages Beyond Ordinary Wear and Tear—Landlords Must Demonstrate That Damage "Rose to…Level of Extraordinary Damage" and Landlord Must Establish Reasonable Value of Repairs—Punitive Damages Denied
This decision arose from a dispute relating to a residential lease for property (premises) located in Bedford, New York. The plaintiff tenant, his family and two dogs occupied the premises. The tenant provided the landlord with a security deposit in the amount of $12,950.
The tenant commenced the subject action to recover his security deposit. He alleged that his family vacated the premises on or about March 30, 2022. He asserted that at least one month before such date, he asked the landlord to inspect the property and "conduct an exit walk through." The landlord did not conduct the requested inspection.
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