Begin with the lease and security
Identify the type of security, the conditions for realization, required notice and cure, and the return date. Do not assume every deposit may be offset without an itemized basis.
Document the property's condition
Photographs from commencement and termination, delivery protocols, correspondence, invoices, and repair records help distinguish preexisting conditions, ordinary wear, and damage during the tenancy.
Current charges and setoff
Prepare an orderly account of rent, municipal tax, building fees, electricity, water, and other contractual charges. Setoff requires a factual foundation and an explainable calculation.
A clear demand before litigation
The demand should state the amount, source, supporting records, and deadline for payment or return of security. A focused letter may narrow the dispute and identify the issues requiring decision.
Concluding point
A lease dispute is resolved through the agreement, evidence, and calculation. A general allegation of damage or wrongful retention is not enough by itself.
Principal legal sources
- Lease and Loan Law, 5731-1971.
- Contracts (Remedies for Breach of Contract) Law, 5731-1970.
- Civil Procedure Regulations, 5779-2018.