Landlord Can Keep Deposit to Recover Rent Due

January 1, 2003

LVT Number: 16363

Former tenant sued landlord in small claims court to recover two months' security deposit. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant in part and reduced the amount landlord could keep to one month's rent. Landlord was unable to rerent the apartment until a month and a half after tenant told her on March 1 that tenant's son was no longer interested in the apartment. Tenant later left landlord a message that her son was interested, but landlord never responded.

Former tenant sued landlord in small claims court to recover two months' security deposit. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant in part and reduced the amount landlord could keep to one month's rent. Landlord was unable to rerent the apartment until a month and a half after tenant told her on March 1 that tenant's son was no longer interested in the apartment. Tenant later left landlord a message that her son was interested, but landlord never responded. The court found that tenant gave landlord 30 days' notice by offering to surrender the apartment on March 1, so landlord was entitled to keep one month's rent.

Lukens v. Gragert: NYLJ, 12/19/02, p. 24, col. 5 (App. T.2 Dept.; Floyd, PJ, Doyle, Colabella, JJ)

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