Month-to-Month Tenant Entitled to Full Security Deposit Refund

November 15, 2012

LVT Number: #24441

Former month-to-month tenant sued landlord in White Plains small claims court, seeking the refund of his security deposit. Landlord, in turn, claimed that tenant owed one month's rent because he failed to give landlord a month's notice before moving out. The court ruled for tenant and against landlord. Landlord appealed and lost. Landlord had demanded that tenant move out due to an overcrowding condition in the apartment. Under the circumstances, tenant wasn't required to give landlord a month's notice and was properly awarded the $1,400 refund.

Former month-to-month tenant sued landlord in White Plains small claims court, seeking the refund of his security deposit. Landlord, in turn, claimed that tenant owed one month's rent because he failed to give landlord a month's notice before moving out. The court ruled for tenant and against landlord. Landlord appealed and lost. Landlord had demanded that tenant move out due to an overcrowding condition in the apartment. Under the circumstances, tenant wasn't required to give landlord a month's notice and was properly awarded the $1,400 refund.

Ramirez v. Sino: NYLJ, 10/11/12, p. 23, col. 1 (App. T 2 Dept.; Nicolai, PJ, Molia, Iannacci, JJ)

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