Landlord Breached Lease

November 1, 1993

LVT Number: 8327

After tenant moved out, landlord sued tenant in small claims court for rent due. The court ruled for landlord, finding that tenant owed $1,850 plus interest and costs. Tenant appealed, and the appeals court ruled for tenant. Landlord had materially breached tenant's lease and improperly served a 30-day eviction notice. So, tenant could move out and recover as damages the security deposit and the broker's fee he'd paid.

After tenant moved out, landlord sued tenant in small claims court for rent due. The court ruled for landlord, finding that tenant owed $1,850 plus interest and costs. Tenant appealed, and the appeals court ruled for tenant. Landlord had materially breached tenant's lease and improperly served a 30-day eviction notice. So, tenant could move out and recover as damages the security deposit and the broker's fee he'd paid.

Gries v. Masoud: NYLJ, p. 27, col. 6 (10/8/93) (App. T. 2 Dept.; Scholnick, JP, Aronin, Chetta, JJ)

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