Landlord Gets One Month's Rent After Tenant Vacated

LVT Number: 12129

Landlord sued tenant for back rent in small claims court after tenant moved out. The court ruled for landlord and awarded him two months' rent. Tenant appealed. The appeals court ruled for tenant. Originally, landlord had only asked the court for an award of one month's rent. And tenant proved that he'd given landlord notice of his intention to move out.

Landlord sued tenant for back rent in small claims court after tenant moved out. The court ruled for landlord and awarded him two months' rent. Tenant appealed. The appeals court ruled for tenant. Originally, landlord had only asked the court for an award of one month's rent. And tenant proved that he'd given landlord notice of his intention to move out.

Wolff v. Cummings: NYLJ, p. 24, col. 5 (1/7/98) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)