Landlord Could Apply Part of Deposit to Rent Due

May 31, 1998

LVT Number: 12422

Former month-to-month tenant sued landlord in small claims court for a refund of her $1,000 security deposit. The court ruled for tenant, and landlord appealed. Tenant told landlord in early December that she would be moving out at the end of the month. Landlord claimed this wasn't sufficient notice to terminate her tenancy for the month of January. The court ruled for landlord, in part. Tenant didn't give landlord 30 days' notice before moving. But landlord and tenant later agreed to terminate the tenancy as of Jan. 15.

Former month-to-month tenant sued landlord in small claims court for a refund of her $1,000 security deposit. The court ruled for tenant, and landlord appealed. Tenant told landlord in early December that she would be moving out at the end of the month. Landlord claimed this wasn't sufficient notice to terminate her tenancy for the month of January. The court ruled for landlord, in part. Tenant didn't give landlord 30 days' notice before moving. But landlord and tenant later agreed to terminate the tenancy as of Jan. 15. So landlord could get $500, which was half of the one month's security deposit.

Bellarosa v. Hoffman: NYLJ, p. 33, col. 3 (5/15/98) (App. T. 2 Dept.; DePaola, PJ, Ingrassia, Floyd, JJ)

Topics

More like this