Tenant Forfeits Security Deposit After Early Move-Out

January 21, 2015

LVT Number: #25911

Former tenant sued landlord for return of his security deposit. The court ruled against tenant and granted landlord's counterclaim for unpaid rent. Tenant appealed and lost. Tenant had moved out of the apartment five months before his lease expired. By the terms of the lease, tenant remained responsible for rent payment until the end of the lease term and landlord was entitled to apply tenant's security deposit to unpaid rent accruing after tenant's early vacatur. Tenant claimed that he and landlord had an oral agreement permitting tenant to move out early without penalty.

Former tenant sued landlord for return of his security deposit. The court ruled against tenant and granted landlord's counterclaim for unpaid rent. Tenant appealed and lost. Tenant had moved out of the apartment five months before his lease expired. By the terms of the lease, tenant remained responsible for rent payment until the end of the lease term and landlord was entitled to apply tenant's security deposit to unpaid rent accruing after tenant's early vacatur. Tenant claimed that he and landlord had an oral agreement permitting tenant to move out early without penalty. But there was nothing in writing and tenant was bound by the lease provisions.

Tosi v. Yorkshire Towers GP Co.: 45 Misc.3d 135(A), 2014 NY Slip Op 51754(U) (App. T. 1 Dept.; 12/15/14; Lowe III, PJ, Shulman, Hunter, JP)

Topics

More like this