Tenant Vacated Before End of Lease

April 30, 1995

LVT Number: 9719

Tenant sued landlord to recover his security deposit after he moved out. The Mamaroneck small claims court ruled for tenant, awarding him $487.50 plus interest. Landlord appealed. The appeals court reopened the case for a new trial. Tenant was a month-to-month tenant. Tenant notified landlord on Oct. 25, 1993 that he was moving. Under Real Property Law section 232-b, tenant was responsible for rent accruing from Oct. 23 through Dec. 22, 1993. But landlord may have re-rented the apartment in the meantime and may have breached the warranty of habitability.

Tenant sued landlord to recover his security deposit after he moved out. The Mamaroneck small claims court ruled for tenant, awarding him $487.50 plus interest. Landlord appealed. The appeals court reopened the case for a new trial. Tenant was a month-to-month tenant. Tenant notified landlord on Oct. 25, 1993 that he was moving. Under Real Property Law section 232-b, tenant was responsible for rent accruing from Oct. 23 through Dec. 22, 1993. But landlord may have re-rented the apartment in the meantime and may have breached the warranty of habitability. So a trial was needed to determine the facts.

Fluery v. Epstein: NYLJ, p. 31, col. 6 (4/17/95) (App. T. 2 Dept.; DiPaola, PJ, Collins, Luciano, JJ)

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