Landlord Can't Recover in Nonpayment Case

July 31, 2006

LVT Number: 19054

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and ordered tenant to pay back rent plus $1,200 security deposit. Tenant appealed. The appeals court ruled for tenant in part. Security deposits aren't rent and can't be recovered in a nonpayment case. So this part of the court decision was reversed. But tenant admitted owing the rent that landlord claimed was due, so the court properly entered the judgment for landlord.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and ordered tenant to pay back rent plus $1,200 security deposit. Tenant appealed. The appeals court ruled for tenant in part. Security deposits aren't rent and can't be recovered in a nonpayment case. So this part of the court decision was reversed. But tenant admitted owing the rent that landlord claimed was due, so the court properly entered the judgment for landlord.

225 Holding Co., LLC v. Beal: NYLJ, 7/17/06, p. 37, col. 5 (App. T. 2 Dept.; Rudolph, PJ, Tanenbaum, Lippman, JJ)

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