Tenant Didn't Properly Notify Landlord of Lease Termination

April 8, 2012

LVT Number: #24006

Former tenant sued landlord for the refund of her security deposit after she broke her lease. The court ruled against tenant, finding that landlord could apply the security deposit to unpaid rent due under the lease. Tenant appealed and lost. Tenant, a senior citizen, argued that Real Property Law Section 227-a(2) permitted her to terminate her lease since she did so to enter an adult care facility, residential health care facility, or subsidized housing project. But tenant failed to give landlord proper notice that she was breaking the lease, which was required under the law.

Former tenant sued landlord for the refund of her security deposit after she broke her lease. The court ruled against tenant, finding that landlord could apply the security deposit to unpaid rent due under the lease. Tenant appealed and lost. Tenant, a senior citizen, argued that Real Property Law Section 227-a(2) permitted her to terminate her lease since she did so to enter an adult care facility, residential health care facility, or subsidized housing project. But tenant failed to give landlord proper notice that she was breaking the lease, which was required under the law.

Parfiryuk v. Beach Haven Apartment Associates: NYLJ, 3/22/12, p. 25, col. 6 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Torres, JJ)

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