Landlord Can Use Security Deposit for Unpaid Rent

LVT Number: 19050

Former tenant sued landlord for refund of his security deposit. The court ruled for tenant. Landlord appealed and won. Tenant moved out 10 months before his lease expired, owing at least one month's rent. Under the terms of the lease, landlord was entitled to keep the security deposit for unpaid rent or damages. Tenant claimed that there were apartment conditions that warranted nonpayment of rent, but presented insufficient proof.

Former tenant sued landlord for refund of his security deposit. The court ruled for tenant. Landlord appealed and won. Tenant moved out 10 months before his lease expired, owing at least one month's rent. Under the terms of the lease, landlord was entitled to keep the security deposit for unpaid rent or damages. Tenant claimed that there were apartment conditions that warranted nonpayment of rent, but presented insufficient proof.

Long v. Greesham: NYLJ, 7/7/06, p. 37, col. 3 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)