Landlord Not Entitled to Additional Rent from Month-to-Month Tenant

August 17, 2016

LVT Number: #27138

Landlord sued former tenant for unpaid rent and use and occupancy. The court ruled against landlord, who appealed and lost. At trial, tenant showed that he was a month-to-month tenant at the time he moved out, that he had given landlord notice that he was vacating, and that he had paid his rent in full through the month that he left. Tenant also showed that he had returned the keys to landlord when he moved out in April 2012.

 

 

 

Landlord sued former tenant for unpaid rent and use and occupancy. The court ruled against landlord, who appealed and lost. At trial, tenant showed that he was a month-to-month tenant at the time he moved out, that he had given landlord notice that he was vacating, and that he had paid his rent in full through the month that he left. Tenant also showed that he had returned the keys to landlord when he moved out in April 2012.

 

 

 
696 Grand Street LLC v. Hoffman: 52 Misc.3d 140(A), 2016 NY Slip Op 51134(U) (App. T. 2 Dept.; 7/20/16; Pesce, PJ, Aliotta, Solomon, JJ)

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