Legal Question in Landlord & Tenant Law in New York

I am the owner and the landord of a two family house. The tenant's faulty extension cord (as determined by the fire marshall) caused a fire that resulted in $300,000 in damage to my home. I have insurance but it has a deductible that I will have to cover. The tenant wants their $1300 security deposit returned to them. They of course have moved to another apartment. I cannot live in my home for about 6 months while it is reconstructed. Am I obligated to return their security?


Asked on 9/22/11, 9:34 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Unless the tenant was negligent when he or she used the extension cord that caused the fire, you would be obligated to return the security deposit.

Mike.

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Answered on 9/22/11, 1:41 pm


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