Guarantor Not Entitled to Credit for Security Deposit

March 1, 2002

LVT Number: 15682

Landlord sued tenant for back rent. The court ruled for landlord and gave landlord a judgment against tenant and tenant's lease guarantor. The guarantor appealed, claiming that he should get a credit against the amount due for the security deposit paid by the guarantor. The appeals court ruled against the guarantor. Tenant's lease and the guaranty specifically stated that landlord could apply the security deposit to post-eviction rent owed by tenant under his lease. Landlord did so, and the guarantor wasn't entitled to a credit for this amount.

Landlord sued tenant for back rent. The court ruled for landlord and gave landlord a judgment against tenant and tenant's lease guarantor. The guarantor appealed, claiming that he should get a credit against the amount due for the security deposit paid by the guarantor. The appeals court ruled against the guarantor. Tenant's lease and the guaranty specifically stated that landlord could apply the security deposit to post-eviction rent owed by tenant under his lease. Landlord did so, and the guarantor wasn't entitled to a credit for this amount.

Weiner v. Han: NYLJ, 2/21/02, p. 19, col. 2 (App. Div.1 Dept.; Andrias, JP, Saxe, Sullivan, Rosenberger, Friedman, JJ)

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