The Law Office of Bradley D. Schnur, Esq., P.C. recently secured a favorable result for a client in Nassau County District Court involving a security deposit dispute following the termination of a residential tenancy.

The Case

The landlord commenced a small claims action against our client, a former tenant, seeking recovery for:

• Alleged property damage
• Alleged unpaid rent after the tenant vacated the premises

In addition, the landlord retained the tenant’s security deposit and sought to apply it toward the claimed damages.

Our client denied the allegations and asserted a counterclaim seeking the return of the full security deposit.

Legal Issues Presented

The matter centered on the landlord’s compliance with New York’s security deposit laws, including New York General Obligations Law § 7-108, as amended by the New York Housing Stability and Tenant Protection Act of 2019.

At trial, we established that the landlord failed to comply with multiple statutory requirements, including:

• Failure to maintain the security deposit in a segregated account
• Failure to provide the tenant with an opportunity for a pre-departure walkthrough inspection
• Failure to provide a timely itemized statement of deductions following the tenant’s vacatur

These statutory deficiencies were central to the defense and counterclaim.

Result

Following the trial, the Court:

• Dismissed the landlord’s claims in their entirety
• Entered judgment in favor of our client, awarding our client the full amount of the security deposit

Takeaway

This matter underscores the importance of strict compliance with New York’s security deposit laws. Landlords who fail to adhere to the requirements of GOL § 7-108 risk forfeiting any claim to retain a tenant’s security deposit, regardless of alleged damages.

About the Firm

The Law Office of Bradley D. Schnur, Esq., P.C. represents clients in landlord-tenant matters throughout Long Island and the New York Metropolitan area, including:

• Eviction proceedings
• Security deposit disputes

For more information, contact our office at 1-844-EVICT-44