Tenant Wasn't Required to Give 30-Day Notice

March 1, 1999

LVT Number: 13082

Month-to-month tenant sued landlord for refund of the security deposit after she moved out of the apartment. Landlord claimed he didn't have to return the security deposit because tenant hadn't given 30 days' notice before moving out. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Under Real Property Law section 232-a, only landlord is required to give 30 days' notice before terminating a tenancy. There is no requirement for tenant to give 30 days' notice.

Month-to-month tenant sued landlord for refund of the security deposit after she moved out of the apartment. Landlord claimed he didn't have to return the security deposit because tenant hadn't given 30 days' notice before moving out. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Under Real Property Law section 232-a, only landlord is required to give 30 days' notice before terminating a tenancy. There is no requirement for tenant to give 30 days' notice.

Torrence v. Barry: NYLJ, p. 29, col. 2 (2/24/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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