Landlord Can't Collect Additional Rent from Tenant After Tenant Moved Out

LVT Number: #27453

Former tenant sued landlord in small claims court, seeking recovery of her security deposit. Landlord counterclaimed for rent due under the lease after landlord terminated the lease and before a new tenant moved in. The court ruled for tenant, awarded her $4,060, and dismissed landlord’s counterclaim. Landlord appealed and lost. Substantial justice was done between the parties. After landlord sent tenant a lease termination notice, but before tenant moved out, landlord accepted the following month’s rent from tenant. This vitiated the termination notice.

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