Tenant Who Left Early Owes Full Month's Rent

February 8, 2012

LVT Number: #23918

Landlord sued former month-to-month tenant in small claims court for rent arrears. The court ruled against landlord, finding that landlord held two months' prepaid rent and one month's security deposit, which covered what was owed. Landlord appealed and won. Tenant moved out on Jan. 8, 2010. Absent an agreement to the contrary, a month-to-month tenant is responsible for the full month's rent if he vacates early. So tenant owed landlord $250 after applying what landlord had on hand.

Landlord sued former month-to-month tenant in small claims court for rent arrears. The court ruled against landlord, finding that landlord held two months' prepaid rent and one month's security deposit, which covered what was owed. Landlord appealed and won. Tenant moved out on Jan. 8, 2010. Absent an agreement to the contrary, a month-to-month tenant is responsible for the full month's rent if he vacates early. So tenant owed landlord $250 after applying what landlord had on hand.

Deban v. Hoevener: 34 Misc.3d 141(A), 2012 NY Slip Op 50080(U) (App. T. 2 Dept.; 1/17/12; Nicolai, PJ, Molia, Iannacci, JJ)

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