Landlord Needn't Return Security Deposit to Tenant Who Owed Rent

April 1, 2001

LVT Number: 14900

Former tenant sued landlord for return of the security deposit. Landlord had withheld one month's rent from the security deposit after tenant moved out without paying the last month's rent. The court ruled for tenant, finding that rent and security deposit were separate issues. Landlord appealed and won. Landlord was entitled to a setoff against the security deposit of any rent owed by tenant.

Former tenant sued landlord for return of the security deposit. Landlord had withheld one month's rent from the security deposit after tenant moved out without paying the last month's rent. The court ruled for tenant, finding that rent and security deposit were separate issues. Landlord appealed and won. Landlord was entitled to a setoff against the security deposit of any rent owed by tenant.

Wheeler v. Andriani: NYLJ, 3/19/01, p. 24, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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