Tenant Vacated at Landlord's Request

September 26, 2014

LVT Number: #25760

Former tenant sued landlord in small claims court, seeking return of his $1,600 security deposit. Landlord in turn asked for $5,000 in unpaid rent. The court ruled for tenant but also ruled that landlord was entitled to one month's rent at $1,600. Tenant appealed and won. Landlord admitted that he told tenant on April 29, 2012, that he wanted to terminate the lease. Tenant moved out on April 30. So tenant wasn't responsible for May rent, and landlord's claim should have been dismissed.

Former tenant sued landlord in small claims court, seeking return of his $1,600 security deposit. Landlord in turn asked for $5,000 in unpaid rent. The court ruled for tenant but also ruled that landlord was entitled to one month's rent at $1,600. Tenant appealed and won. Landlord admitted that he told tenant on April 29, 2012, that he wanted to terminate the lease. Tenant moved out on April 30. So tenant wasn't responsible for May rent, and landlord's claim should have been dismissed.

Guy v. Washington: Index No. 517/2013, NYLJ No. 1202667421046 (App. T. 2 Dept.; 8/20/14; Weston, JP, Aliotta, Elliot, JJ)

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