Landlord Bound by Prior Agreement

January 1, 2000

LVT Number: 13810

Former tenant sued landlord for the return of part of his security deposit that landlord had refused to refund. The small claims court ruled for tenant. Landlord appealed and lost. Landlord and tenant had signed a written surrender agreement in which landlord accepted the apartment ''in the condition delivered.'' The agreement didn't contain any claim for the cost of rerenting the apartment. In the circumstances, landlord couldn't offset repair and rerenting expenses against tenant's security deposit.

Former tenant sued landlord for the return of part of his security deposit that landlord had refused to refund. The small claims court ruled for tenant. Landlord appealed and lost. Landlord and tenant had signed a written surrender agreement in which landlord accepted the apartment ''in the condition delivered.'' The agreement didn't contain any claim for the cost of rerenting the apartment. In the circumstances, landlord couldn't offset repair and rerenting expenses against tenant's security deposit.

Acevedo v. 929 Equities, Inc.: NYLJ, p. 26, col. 2 (12/14/99) (App. T.1 Dept.; Freedman, JP, McCooe, Davis, JJ)

Topics

More like this