Landlord Gets Use and Occupancy for Holdover Period

April 1, 1997

LVT Number: 11411

Tenant sued landlord in small claims court after eviction for return of security deposit. The court ruled for tenant in part, and both sides appealed. Landlord claimed he was entitled to money toward use and occupancy for the contested period during holdover proceeding. The appeals court ruled for landlord. Landlord was entitled to use and occupancy for the three-week period in question.

Tenant sued landlord in small claims court after eviction for return of security deposit. The court ruled for tenant in part, and both sides appealed. Landlord claimed he was entitled to money toward use and occupancy for the contested period during holdover proceeding. The appeals court ruled for landlord. Landlord was entitled to use and occupancy for the three-week period in question.

Diamond v. Ulrich: NYLJ, p. 28, col. 6 (3/25/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Floyd, JJ)

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