Landlord Can't Collect Additional Rent from Tenant After Tenant Moved Out

January 23, 2017

LVT Number: #27453

Former tenant sued landlord in small claims court, seeking recovery of her security deposit. Landlord counterclaimed for rent due under the lease after landlord terminated the lease and before a new tenant moved in. The court ruled for tenant, awarded her $4,060, and dismissed landlord’s counterclaim. Landlord appealed and lost. Substantial justice was done between the parties. After landlord sent tenant a lease termination notice, but before tenant moved out, landlord accepted the following month’s rent from tenant. This vitiated the termination notice.

Former tenant sued landlord in small claims court, seeking recovery of her security deposit. Landlord counterclaimed for rent due under the lease after landlord terminated the lease and before a new tenant moved in. The court ruled for tenant, awarded her $4,060, and dismissed landlord’s counterclaim. Landlord appealed and lost. Substantial justice was done between the parties. After landlord sent tenant a lease termination notice, but before tenant moved out, landlord accepted the following month’s rent from tenant. This vitiated the termination notice. Therefore, landlord can’t collect additional rent from tenant under the lease’s cancellation clause.

 

 
Knowles v. North Clinton Associates: 54 Misc.3d 127(A), 2016 NY Slip Op 51790(U) (App. T. 2 Dept.; 12/7/16; Marano, PJ, Iannacci, Garguilo, JJ)

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