Tenant Decided Not to Move In

Tenant sued landlord for refund of his security deposit, first month's rent, and finder's fee, totaling $2,400. Tenant never moved in. He claimed that he signed the lease without reading it. When he realized the lease required him to carpet 90 percent of the apartment's flooring, he decided he couldn't afford to move in. Landlord also told tenant he couldn't actually move in until he installed the carpet. The court ruled for tenant. The lease itself didn't provide for carpeting. This provision was only in the house rules attached to the lease, and tenant couldn't be held responsible for not complying with them. Landlord also delayed giving tenant possession of the apartment at the start of the lease term. So tenant could get a full refund of security deposit, first month's rent, and finder's fee.

Johnson v. De Feo: NYLJ, p. 35, col. 1 (12/3/97) (City Ct. Mt. Vernon; Seiden, J)