Licensee Not Entitled to Return of Use and Occupancy

February 1, 2005

LVT Number: 17879

Landlord sued to evict licensee. Landlord and licensee signed a settlement agreement. Licensee later asked the court to order a refund of $10,000 use and occupancy paid to landlord. The court ruled against licensee. He appealed and lost. Licensee's claim about the habitability of the apartment didn't warrant revocation of use and occupancy. And the agreement didn't state that money paid was solely for future periods. Landlord could, and did, apply the money to the prior holdover period.

Landlord sued to evict licensee. Landlord and licensee signed a settlement agreement. Licensee later asked the court to order a refund of $10,000 use and occupancy paid to landlord. The court ruled against licensee. He appealed and lost. Licensee's claim about the habitability of the apartment didn't warrant revocation of use and occupancy. And the agreement didn't state that money paid was solely for future periods. Landlord could, and did, apply the money to the prior holdover period.

RGHF&R Enterprises, Inc. v. Stevens: NYLJ, 1/13/05, p. 28, col. 4 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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