Security Deposit Applied to Rent Owed

Landlord sued to evict tenant, claiming that tenant remained in the apartment without landlord's permission during December 2002. Landlord also claimed that tenant owed back rent and other damages. The court ruled against landlord. Landlord appealed and lost. Landlord had sued tenant for nonpayment of rent, and that case was still pending before landlord started the eviction proceeding. And it was undisputed that tenant moved out by Dec. 31, 2002, and that landlord applied tenant's security deposit to unpaid rent. Landlord showed no admissible proof of any other damages or out-of-pocket expenses.

200 Eleventh Assocs. v. Lamontagne: NYLJ, 3/7/07, p. 26, col. 1 (App. Div. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)