Landlord Claims Tenant Didn't Give Enough Notice Before Vacating

May 31, 2001

LVT Number: 15056

Tenant sued landlord for refund of her security deposit after she moved out of the apartment. Landlord claimed that he was entitled to keep the security deposit because tenant didn't give enough notice before vacating. The court ruled for landlord, and tenant appealed. The appeals court noted that since tenant was a month-to-month tenant, she was required to give landlord one-month's notice before moving out. But the record from the trial was unclear and the appeals court couldn't determine how much time tenant had given. The case was sent back for a new trial.

Tenant sued landlord for refund of her security deposit after she moved out of the apartment. Landlord claimed that he was entitled to keep the security deposit because tenant didn't give enough notice before vacating. The court ruled for landlord, and tenant appealed. The appeals court noted that since tenant was a month-to-month tenant, she was required to give landlord one-month's notice before moving out. But the record from the trial was unclear and the appeals court couldn't determine how much time tenant had given. The case was sent back for a new trial.

Bauer v. Viscardi: NYLJ, 5/30/01, p. 20, col. 1 (App. T.2 Dept.; Doyle, JP, Colabella, Coppola, JJ)

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