Tenant Never Took Occupancy

January 1, 1998

LVT Number: 12049

Tenant who never moved into the apartment sued landlord to get back his security deposit. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord, in part. Landlord suffered some damages due to tenant's failure to move in, including the cost of advertising to rerent the apartment. The amount of the security deposit refunded to tenant was reduced.

Tenant who never moved into the apartment sued landlord to get back his security deposit. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord, in part. Landlord suffered some damages due to tenant's failure to move in, including the cost of advertising to rerent the apartment. The amount of the security deposit refunded to tenant was reduced.

Heminway v. Andriani: NYLJ, p. 26, col. 1 (12/1/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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