Apartment Never Delivered to Tenant

January 1, 1997

LVT Number: 11160

Tenant sued landlord for return of the first month's rent and the security deposit because landlord never delivered the apartment to her. The court ruled for tenants, and landlord appealed. The appeals court ruled against landlord. Landlord, the building's managing agent, claimed that it was entitled to the money to offset a judgment for back rent owed by tenant's husband for another apartment. But the judgment against husband wasn't for the managing agent itself. And the prior apartment was rented to husband alone. There was no proof that tenant owed any judgment debt to anyone.

Tenant sued landlord for return of the first month's rent and the security deposit because landlord never delivered the apartment to her. The court ruled for tenants, and landlord appealed. The appeals court ruled against landlord. Landlord, the building's managing agent, claimed that it was entitled to the money to offset a judgment for back rent owed by tenant's husband for another apartment. But the judgment against husband wasn't for the managing agent itself. And the prior apartment was rented to husband alone. There was no proof that tenant owed any judgment debt to anyone.

Bellan v. Milford Mgmt. Corp.: NYLJ, p. 30, col. 1 (12/20/96) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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