Tenant Loses Security Deposit

July 31, 2009

LVT Number: #22102

Former month-to-month tenant sued landlord in small claims court to recover his $1,200 security deposit. The court ruled against tenant due to insufficient notice to landlord that tenant was moving out. Tenant appealed and lost. Under Real Property Law Section 232-b, monthly tenants outside New York City may terminate their tenancy by giving landlord at least one month's notice. Here, tenant only notified landlord on Feb. 27, 2008, that he was moving out on March 1. Since tenant failed to give landlord one month's notice, he wasn't entitled to a security deposit refund.

Former month-to-month tenant sued landlord in small claims court to recover his $1,200 security deposit. The court ruled against tenant due to insufficient notice to landlord that tenant was moving out. Tenant appealed and lost. Under Real Property Law Section 232-b, monthly tenants outside New York City may terminate their tenancy by giving landlord at least one month's notice. Here, tenant only notified landlord on Feb. 27, 2008, that he was moving out on March 1. Since tenant failed to give landlord one month's notice, he wasn't entitled to a security deposit refund.

Bram v. Robottom: NYLJ, 7/22/09, p. 37, col. 6 (App. T. 2 Dept.; Rudolph, PJ, Molia, Nicolai, JJ)

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