Deposit Can Offset One Month's Rent

December 1, 1997

LVT Number: 11978

Tenant sued landlord for refund of the security deposit after she moved out. Landlord claimed that he could keep the security deposit and that tenant owed another month's rent. Tenant moved out on May 3 without giving 30 days' notice. The court ruled for landlord, and tenant appealed and won, in part. Tenant was a month-to-month tenant and didn't have to give 30 days' notice. But landlord could keep the security deposit to offset rent for the month of May.

Tenant sued landlord for refund of the security deposit after she moved out. Landlord claimed that he could keep the security deposit and that tenant owed another month's rent. Tenant moved out on May 3 without giving 30 days' notice. The court ruled for landlord, and tenant appealed and won, in part. Tenant was a month-to-month tenant and didn't have to give 30 days' notice. But landlord could keep the security deposit to offset rent for the month of May.

Mendelsohn v. Besner: NYLJ, p. 30, col. 3 (11/19/97) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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