Landlord Can Withhold Daily Use and Occupancy from Tenant's Security Deposit

Former tenant sued landlord for the return of his security deposit after he moved out of the apartment. The court ruled for tenant and ordered landlord to refund the deposit, minus the sum of $55 to be withheld for damage to a door by tenant. Landlord appealed and won, in part. When tenant’s lease expired on June 30, 2012, landlord and tenant had agreed that tenant would stay for one additional month, through July 31, and tenant paid an extra month’s rent. But tenant didn’t move out until Aug. 1. So landlord was entitled to use and occupancy for Aug. 1 at a rate equal to 1/31 of the rent paid for July. This amount was added to what landlord could withhold from tenant’s security deposit. Landlord otherwise must refund the balance of the security deposit.

Vanchev v. Mulligan: 52 Misc.3d 138(A), 2016 NY Slip Op 51121(U) (App. T. 2 Dept.; 7/13/16; Pesce, PJ, Solomon, Elliot, JJ)