AMAYO v. CROSS SMITH (2021)

Plaintiff brought this small claims proceeding to recover one thousand five hundred and fifty dollars ($1,550.00) as the balance due of a security deposit on the rental of property at 454 South 10th Avenue, Mount Vernon, NY.

It appears that when plaintiffs first rented the premises it was rented to them by the prior owner, Abigail and Raymond Richards. The plaintiffs herein gave the Richards a $1,550.00 deposit. On November 15, 2019 the Richards sold the premises to the defendant. The defendant allowed plaintiffs to remain in the premises for two (2) months past the end of the lease, until May 2020. The rent was increased by $200.00 upon the extension. An additional $200.00 security was given by plaintiffs to defendant.

The defendant has returned the $200.00 she received as a deposit but not the $1,550.00 given to the prior owner. The closing statement of defendants purchase details that defendants received a credit off the purchase price of the property of $1,550.00 for the security deposit. As a result, she has “received” said security deposit and she is responsible for same. GOL § 7-105(2) As the current owner, the defendant would be responsible for return of the deposit even if she did not get the credit. GOL § 7-108(2).

The alleged damages that defendant lists as reimbursable out of the security deposit are either capital expenses to the property or not proven to be caused by the plaintiffs. The plaintiff's are therefore not responsible for those expenses.

Judgment for plaintiffs in the sum of $1,550.00.

The above complies with the Court's statutory charge to do substantial justice between the parties.

The above constitutes the decision and order of the Court.

Adam Seiden, J.