Tenant Vacated with One-Day Notice

December 1, 1996

LVT Number: 11117

Tenant sued landlord for return of his security deposit in small claims court after he moved out. The court ruled for tenant and awarded him $1,100. Landlord appealed. The appeals court ruled for landlord. There was no written lease. Tenant was a month-to-month tenant who moved out with one day's notice to landlord. Tenant and landlord each owed the other 30 days' notice before terminating the tenancy. The case was sent back for a trial on landlord's actual damages.

Tenant sued landlord for return of his security deposit in small claims court after he moved out. The court ruled for tenant and awarded him $1,100. Landlord appealed. The appeals court ruled for landlord. There was no written lease. Tenant was a month-to-month tenant who moved out with one day's notice to landlord. Tenant and landlord each owed the other 30 days' notice before terminating the tenancy. The case was sent back for a trial on landlord's actual damages.

Volk v. Lewis: NYLJ, p. 34, col. 2 (11/1/96) (App. T. 2 Dept.; DiPaoli, PJ, Ingrassia, Floyd, JJ)

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