Month-to-Month Tenant Who Vacated Responsible for Full Month's Rent

June 30, 2011

LVT Number: #23450

Landlord sued former tenants in small claims court, claiming that tenants owed $1,540 for June 2008 rent and additional sums for damage to the apartment. The court ruled against landlord and dismissed the case. Landlord appealed and won, in part. Landlord failed to prove that tenants had caused any damage to the apartment. But tenants admitted that they moved out on June 7, 2008. Tenants never surrendered keys to landlord or otherwise notified him that they had moved out. So landlord was entitled to the full month's rent of $1,540 for June.

Landlord sued former tenants in small claims court, claiming that tenants owed $1,540 for June 2008 rent and additional sums for damage to the apartment. The court ruled against landlord and dismissed the case. Landlord appealed and won, in part. Landlord failed to prove that tenants had caused any damage to the apartment. But tenants admitted that they moved out on June 7, 2008. Tenants never surrendered keys to landlord or otherwise notified him that they had moved out. So landlord was entitled to the full month's rent of $1,540 for June.

Smith v. Woodson: NYLJ, 6/8/11, p. 35, col. 1 (App. T. 2 Dept.; Rios, JP, Pesce, Golia, JJ)

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