Tenant Didn't Pay Final Month's Rent

April 1, 1998

LVT Number: 12275

Tenant sued landlord in small claims court for return of tenant's security deposit. The court ruled against tenant, and she appealed. Tenant's security deposit was in the amount of $860. Tenant didn't pay rent for the last month she was in the apartment, but the amount of unpaid rent was $585. Landlord didn't show that tenant had damaged the apartment. The court ruled for tenant in part, ruling that landlord could deduct the amount of unpaid rent from the security deposit. Landlord was directed to refund the $275 difference to tenant.

Tenant sued landlord in small claims court for return of tenant's security deposit. The court ruled against tenant, and she appealed. Tenant's security deposit was in the amount of $860. Tenant didn't pay rent for the last month she was in the apartment, but the amount of unpaid rent was $585. Landlord didn't show that tenant had damaged the apartment. The court ruled for tenant in part, ruling that landlord could deduct the amount of unpaid rent from the security deposit. Landlord was directed to refund the $275 difference to tenant.

Widmann v. Crane: NYLJ, p. 29, col. 4 (3/10/98) (App. T. 2 Dept.; DiPaola, PJ, Floyd, Levitt, JJ)

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