Tenant Owed One Month's Rent

December 1, 1997

LVT Number: 11988

Former tenant sued landlord to recover the security deposit. The small claims court ruled for tenant and ordered a refund of the $1,000 security deposit. Landlord appealed. Tenant had testified that rent wasn't paid the month before tenant moved out. The appeals court reversed and ruled for landlord. Landlord could keep the security deposit to offset the unpaid rent.

Former tenant sued landlord to recover the security deposit. The small claims court ruled for tenant and ordered a refund of the $1,000 security deposit. Landlord appealed. Tenant had testified that rent wasn't paid the month before tenant moved out. The appeals court reversed and ruled for landlord. Landlord could keep the security deposit to offset the unpaid rent.

Soto v. Severo: NYLJ, p. 33, col. 6 (11/4/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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