Landlord Can Apply Deposit to Rent Due

May 31, 1995

LVT Number: 9784

Tenant sued landlord in small claims court for return of his security deposit after he moved out of the apartment. The court ruled against tenant and tenant appealed. The appeals court again ruled against tenant. Tenant was a month-tomonth tenant whose rent was due on the 15th of each month. Tenant didn't pay rent due on April 15 and then moved out on April 21. So tenant owed rent for the month beginning April 15 and landlord was entitled to apply tenant's security deposit to the rent owed.

Tenant sued landlord in small claims court for return of his security deposit after he moved out of the apartment. The court ruled against tenant and tenant appealed. The appeals court again ruled against tenant. Tenant was a month-tomonth tenant whose rent was due on the 15th of each month. Tenant didn't pay rent due on April 15 and then moved out on April 21. So tenant owed rent for the month beginning April 15 and landlord was entitled to apply tenant's security deposit to the rent owed.

Morales v. Gutierrez: NYLJ, p. 28, col. 5 (5/23/95) (App. T. 2 Dept.; Kassoff, PJ, Chetta,Patterson, JJ)

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