Because he supposedly failed to give enough notice that he wasn't going to renew his lease, Peter Schlesinger's landlord refused to return a $4,300 security deposit.
After a nonjury trial, the Nassau County District Court awarded the tenant a $3746.46 refund--with the landlord getting $553.54 for unpaid electric and water bills, together with fees for carpet cleaning, replacing the "bathroom/kitchen tile," and re-keying the locks.
On appeal, the Appellate Term, Second Department, thought that notice was only required if the tenant wanted to stay in the space after his lease expired. Because that didn't happen, no forfeiture of the security deposit was warranted.
While the AT2 upheld some of the offsets--like for the electric, water and lock replacement charges--since the landlord didn't have receipts for the rest of his claimed damages, his recovery was reduced from $553.54 to $373.54.
Peter sure secured a victory there.
To view a copy of the Appellate Term's decision, please use this link: Schlesinger v. Edwards