Landlord Can Keep Security Deposit to Cover August Rent

LVT Number: 13959

Former tenant sued landlord for refund of a security deposit. The small claims court ruled for tenant. Landlord appealed and won. Tenant hadn't given landlord 30 days' notice before moving out, which is required by RPL, Section 232(b). Tenant didn't move out until some time in August and didn't pay rent for that month. So landlord was entitled to keep tenant's security deposit to cover the August rent.

Former tenant sued landlord for refund of a security deposit. The small claims court ruled for tenant. Landlord appealed and won. Tenant hadn't given landlord 30 days' notice before moving out, which is required by RPL, Section 232(b). Tenant didn't move out until some time in August and didn't pay rent for that month. So landlord was entitled to keep tenant's security deposit to cover the August rent.

Downes v. Obadiah: NYLJ, 2/8/00, p. 29, col. 2 (App. T.2 Dept.; Floyd, PJ, Palella, Levitt, JJ)