Landlord Entitled to Get Costs of Rerenting Apartment

November 1, 2003

LVT Number: 16961

Former tenant sued landlord in small claims court to recover one and one-half months' security deposit. She never actually moved into the apartment. Landlord claimed that he was entitled to keep the security deposit and was entitled to other costs for electricity and rerenting the apartment. The court ruled for tenant. Landlord appealed and won. Tenant's lease stated that if tenant broke the lease, she would be responsible for unpaid rent and any advertising costs to landlord in his attempt to rerent the apartment. Under the lease, tenant was responsible for electric service, also.

Former tenant sued landlord in small claims court to recover one and one-half months' security deposit. She never actually moved into the apartment. Landlord claimed that he was entitled to keep the security deposit and was entitled to other costs for electricity and rerenting the apartment. The court ruled for tenant. Landlord appealed and won. Tenant's lease stated that if tenant broke the lease, she would be responsible for unpaid rent and any advertising costs to landlord in his attempt to rerent the apartment. Under the lease, tenant was responsible for electric service, also. Landlord was entitled to keep the security deposit and to be reimbursed an additional $135 from tenant.

Akdikmen v. Raffa: NYLJ, 10/27/03, p. 28, col. 4 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

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