Tenant Must Return Excess Rent Credit

May 31, 1993

LVT Number: 7026

Landlord sued to evict tenant for nonpayment of rent. The trial court gave tenant a $2,400 rent credit. Landlord appealed, and the credit was reduced by $300. In the meantime, tenant took the $2,400 credit. Landlord asked the court to direct tenant to return $300. The trial court denied landlord's request, and landlord appealed. The appeals court agreed that tenant must return the $300.

Landlord sued to evict tenant for nonpayment of rent. The trial court gave tenant a $2,400 rent credit. Landlord appealed, and the credit was reduced by $300. In the meantime, tenant took the $2,400 credit. Landlord asked the court to direct tenant to return $300. The trial court denied landlord's request, and landlord appealed. The appeals court agreed that tenant must return the $300.

Fisher/Knickerbocker Co. v. Green: NYLJ, p. 29, col. 3 (5/19/93) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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