Tenant Moved Out Before End of Lease

November 1, 1993

LVT Number: 8303

Landlord sued tenant in small claims court for rent due after tenant moved out of apartment. The court applied tenant's security deposit to the November rent and found that no further rent was due. Landlord appealed, claiming he wasn't able to re-rent the apartment until Dec. 15. He asked for the rent that was due from tenant for those two weeks. The appeals court agreed. Landlord was entitled to this compensation because tenant had moved out before his lease expired.

Landlord sued tenant in small claims court for rent due after tenant moved out of apartment. The court applied tenant's security deposit to the November rent and found that no further rent was due. Landlord appealed, claiming he wasn't able to re-rent the apartment until Dec. 15. He asked for the rent that was due from tenant for those two weeks. The appeals court agreed. Landlord was entitled to this compensation because tenant had moved out before his lease expired.

Giura v. Zhou: NYLJ, p. 27, col. 6 (10/8/93) (App. T. 2 Dept.; Scholnick, JP, Aronin, Chetta, JJ)

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