Saint-Elien v Tor Vil. View Apts.

Justice Court of the Town of Haverstraw, Rockland County

Decided on April 12, 2026

Case No. 26030033

George G. Coffinas, J.

This matter is a Small Claims action brought by plaintiff Arrols Saint-Elien to recover damages in the amount of $1,774.00 representing the amount of a security deposit withheld by his former landlord, defendant Tor Village View Apartments after he vacated the demised premises. Defendant filed a counterclaim for the sum of $196.80 for cleaning and other services and an outstanding parking "violation" issued to plaintiff. This matter duly came on for trial before the Court on April 6 and April 10, 2026. Plaintiff appeared pro se, and defendant appeared through counsel.

Plaintiff testified in his own behalf. The following exhibits were offered by plaintiff and admitted into evidence by the Court, without objection: Plt. Exh. "1": a document titled "Lease Rider 'Relinquish Rights,'" and Plt. Exh. "2": the lease between the parties dated February 28, 2025. The defendant called one witness, its property manager, Michelle Moltari.

After due deliberation upon the evidence adduced at trial, and after hearing the respective arguments of the parties, the Court makes the following findings of fact and reaches the following conclusions of law.

Findings of Fact

Plaintiff and his spouse, Kamala Jackson- Saint-Elien, entered into a written agreement of lease with defendant, the term of which was from March 1, 2025 to February 28, 2026.

The monthly rent pursuant to the lease was $1,774.00.

Plaintiff claims that the security deposit withheld by defendant is in the sum of $1,774, [*2]while defendant claims it has withheld the sum of $1,699.00. The Court notes that the lease itself states that the security deposit is $1,699.00.FN1 In any event, neither party produced written evidence of the amount actually paid as security. Accordingly, the Court finds that the security deposit withheld by defendant is in the amount set-forth in the lease, $1,699.00.

The lessor under the lease is "Manhattan Management Company, LLC as Agent for Owner at Tor View Village Apartments." While plaintiff's entity status was not pleaded or proved at trial, the Court will take judicial notice of the records of the Secretary of State, Division of Corporations, which, per that agencies website, reveal that plaintiff Tor View Village Apartments is a limited liability company.

Plaintiff testified that on January 7, 2026 he delivered Plt. Exh. 1 to defendant's office. That document, on its face, merely serves as a relinquishment by plaintiff's spouse to any rights to the premises, the lease and the security deposit, and an assumption by plaintiff of all obligations with respect thereto.

Plaintiff vacated the premises on January 31, 2026, a Saturday, and surrendered the keys thereto on February 2, 2026, the following Monday. Defendant had no notice prior to that latter date that plaintiff intended to vacate the premises.

The lease, in Article 22 thereof, states, inter alia, as follows:

22 LEASE TERMINATION

22.1 This Lease may be terminated at any time during its term upon the following conditions:

a) All rents must be current, and paid in full to the end of the month of occupancy,

b) A thirty (30) day calendar notice of intent to vacate the premises and/or terminate this Lease must be completed by all lease signers and received by the LESSOR no later than the first day of the month prior to vacating the premises. Notice received after the first day of the month will be considered by LESSOR as delinquent to notify and will not be considered in effect until the first day of the following month. Guidelines for moving out will be delivered to you along with a confirmation of receipt of your notice.

Plaintiff paid rent through and including January, 2026.

Defendant adduced no evidence of any efforts taken to relet the premises or otherwise mitigate damages, but rather argued in summation of its counsel that given that only one month remained on the term of the lease it is unreasonable to expect that plaintiff would have been able relet the premises and mitigate its damages in such a short period of time.

Conclusions of Law

Plaintiff failed to timely notify defendant of his intention to vacate the demised premises in accordance with the provisions of the lease in order to terminate the lease as of January 31, 2026. To effect termination by that date pursuant to the terms of the lease, notice should have been given no later than January 1, 2026. Plaintiff produced no evidence that he gave such notice on or before that date. Accordingly, the lease remained in effect until the expiration of its term, February 28, 2026.

Defendant is entitled to claim unpaid rent as an offset, even in the absence of a [*3]counterclaim. Stines v. Bowins, 73 Misc 3d 144(A) (App. Term, 9 & 10 Jud. Dist. 2021).

Accordingly, as the unpaid rent for the month of February exceeds the amount of the withheld security deposit, plaintiff is not entitled to return of his security deposit and his claim must be dismissed.

Defendant's counterclaim is also dismissed, as a limited liability company may not institute a small claims proceeding. Uniform Justice Court Act § 1809. See, A. Veder, M.D., P.C. v. Countrywide Insurance Co., 28 Misc 3d 860 (Civ. Ct. Bronx Co. 2010).

Accordingly, it is hereby

ADJUDGED, that the claim of plaintiff Arrols Saint-Elien and the counterclaim of Tor Village View Apartments, are both dismissed with no costs or disbursements to either party.

Dated: April 12, 2026

Garnerville, New York

E N T E R .

Hon. GEORGE G. COFFINAS,

Town Justice, Town of Haverstraw