Landlord Entitled to One Month's Rent

November 1, 1995

LVT Number: 10158

Landlord sued tenant in small claims court for back rent after tenant moved out. The Suffolk County court awarded landlord two months' rent, for October and November 1993. Tenant appealed. Tenant was a month-to-month tenant. Landlord served tenant a 30-day notice to vacate in late September. Tenant moved out before the end of October. Landlord therefore could recover rent for October but not for November. Tenant had no obligation to notify landlord that she was leaving before November, since landlord gave no indication that she accepted tenant's continued occupancy.

Landlord sued tenant in small claims court for back rent after tenant moved out. The Suffolk County court awarded landlord two months' rent, for October and November 1993. Tenant appealed. Tenant was a month-to-month tenant. Landlord served tenant a 30-day notice to vacate in late September. Tenant moved out before the end of October. Landlord therefore could recover rent for October but not for November. Tenant had no obligation to notify landlord that she was leaving before November, since landlord gave no indication that she accepted tenant's continued occupancy.

Peters v. Kazlauskas: NYLJ, p. 30, col. 4 (10/2/95) (App. T. 2 Dept.; DiPaola, PJ, Stark, Luciano, JJ)

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