Dicker v. West

Holding

The court held that a $10,000 deposit made pursuant to a commercial lease was a security deposit, not prepaid rent, and was therefore refundable upon the termination of the lease by the total destruction of the leased premises by fire. Furthermore, a tenant’s covenant to deliver the premises in good condition at the end of the term does not constitute an agreement to insure the property against total destruction by fire absent the tenant's fault.