Tenant Didn't Notify Landlord When He Vacated

August 31, 2011

LVT Number: #23606

Former tenant sued landlord for return of his security deposit. Tenant’s lease had expired in 1997, and he remained as a month-to-month tenant until landlord sent him a 30-day termination notice on April 9, 2008. Tenant removed his possessions, cleaned the apartment, and left the keys on the counter one week later. But landlord only found out that tenant had vacated in June when he contacted tenant about payment of May and June rent. The court ruled for tenant in part.

Former tenant sued landlord for return of his security deposit. Tenant’s lease had expired in 1997, and he remained as a month-to-month tenant until landlord sent him a 30-day termination notice on April 9, 2008. Tenant removed his possessions, cleaned the apartment, and left the keys on the counter one week later. But landlord only found out that tenant had vacated in June when he contacted tenant about payment of May and June rent. The court ruled for tenant in part. Since tenant didn’t notify landlord or return the keys, he was responsible for rent payment through May 9, 2008. Because landlord had notified tenant that he must move out by May 9, all claims past that date were waived. Landlord must return $2,000 to tenant, minus the nine days of rent due for May.

Skurka v. Alkoulily: Index No. SC00543/2011, NYLJ No. 1202511948205 (Dist. Ct. Nassau; Voutsinas, J)

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