Month-to-Month Tenant Entitled to Return of Deposit

Former tenant sued landlord in small claims court for the return of his security deposit. Landlord claimed that tenant wasn't entitled to a refund. Tenant was rent stabilized, but had refused to renew his lease in 2000. He told landlord he was moving out. But tenant didn't move out until almost a year later. Landlord claimed that, since tenant stayed, he had a deemed lease and was responsible for lost rent for the month after he moved out. Tenant claimed that he became a month-to-month tenant after his last lease expired and wasn't responsible for rent after he left. The court ruled for tenant. Since tenant clearly had stated his intent not to renew and to move out, there can be no deemed renewal of his rent-stabilized lease. Landlord can't keep the security deposit for rent payment for any period after tenant moved out.

Berkhin v. Kinsor Mgmt. Co.: NYLJ, 5/1/02, p. 24, col. 5 (Civ. Ct. Richmond; Straniere, J)