Landlord Can Apply Deposit to Rent Due

July 31, 1998

LVT Number: 12560

Former tenant sued landlord in small claims court for refund of her security deposit. The court ruled for tenant, and landlord appealed. Tenant hadn't paid rent for the month of June 1995 and hadn't proved any breach of the warranty of habitability. The appeals court ruled for landlord. Under these circumstances, landlord can apply tenant's security deposit to the rent due.

Former tenant sued landlord in small claims court for refund of her security deposit. The court ruled for tenant, and landlord appealed. Tenant hadn't paid rent for the month of June 1995 and hadn't proved any breach of the warranty of habitability. The appeals court ruled for landlord. Under these circumstances, landlord can apply tenant's security deposit to the rent due.

Kallio v. Gaar: NYLJ, p. 29, col. 1 (7/13/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)

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