Landlord Must Return Tenant's Deposit

July 31, 1997

LVT Number: 11696

Tenant sued landlord for return of its security deposit. The court ruled for tenant, and landlord appealed. Landlord argued that tenant didn't give 30 days' notice before moving out. The appeals court ruled against landlord. Tenant was a month-to-month tenant. There is no requirement under RPL section 232-b for a month-to-month tenant to give 30 days' notice to end tenancy. So landlord couldn't collect extra month's rent.

Tenant sued landlord for return of its security deposit. The court ruled for tenant, and landlord appealed. Landlord argued that tenant didn't give 30 days' notice before moving out. The appeals court ruled against landlord. Tenant was a month-to-month tenant. There is no requirement under RPL section 232-b for a month-to-month tenant to give 30 days' notice to end tenancy. So landlord couldn't collect extra month's rent.

Cobin v. Jangla Rlty. Corp.: NYLJ, p. 30, col. 2 (7/21/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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