No Use and Occupancy Owed for Periods After Tenants Moved Out

May 13, 2014

LVT Number: #25480

Tarrytown landlord sued to evict tenants for nonpayment of rent. After trial, the court ruled for landlord, awarding possession and a judgment for back rent plus use and occupancy totaling $7,225. Tenants appealed and won in part. The money judgment was reduced to $5,975. Tenants had shown that they moved out of the apartment in early December 2012 and therefore didn't owe any use and occupancy for any periods after that.

Tarrytown landlord sued to evict tenants for nonpayment of rent. After trial, the court ruled for landlord, awarding possession and a judgment for back rent plus use and occupancy totaling $7,225. Tenants appealed and won in part. The money judgment was reduced to $5,975. Tenants had shown that they moved out of the apartment in early December 2012 and therefore didn't owe any use and occupancy for any periods after that.

Priegue v. Paulus: 43 Misc.3d 135(A), 2014 NY Slip Op 50662(U)(App. T. 2 Dept.; 4/14/14; Iannacci, JP, Marano, Tolbert, JJ)

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