Parties Never Signed Lease

March 1, 2006

LVT Number: 18726

Tenant sued landlord for an advance rent payment made on the apartment after tenant didn't move in. The court ruled for tenant in part and awarded him $300. Tenant appealed. The appeals court ruled for tenant and awarded him $3,560. Landlord and tenant never signed a lease, and landlord never gave tenant keys to the apartment. So tenant never had possession of the apartment, and landlord can't retain any part of the rent and security deposit paid in advance. Tenant also never became a month-to-month tenant.

Tenant sued landlord for an advance rent payment made on the apartment after tenant didn't move in. The court ruled for tenant in part and awarded him $300. Tenant appealed. The appeals court ruled for tenant and awarded him $3,560. Landlord and tenant never signed a lease, and landlord never gave tenant keys to the apartment. So tenant never had possession of the apartment, and landlord can't retain any part of the rent and security deposit paid in advance. Tenant also never became a month-to-month tenant.

Cardozo v. Deierlein: NYLJ, 2/15/06, p. 28, col. 3 (App. T. 2 Dept.; Rudolph, PJ, Angiolillo, McCabe, JJ)

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