Tenant Who Moved Out Five Days Late Entitled to Most of Security Deposit

March 15, 2019

LVT Number: #29969

Former tenant sued landlord for return of his $3,000 security deposit after he moved out of the apartment. The trial court ruled against tenant, who appealed and won. Tenant moved out and returned apartment keys five days after his lease term ended on Aug. 31, 2017. Landlord wasn't entitled to use and occupancy for the entire month of September 2017 because no monthly tenancy was created. Tenant didn't offer, and landlord didn't accept, any rent payment after expiration of the lease.

Former tenant sued landlord for return of his $3,000 security deposit after he moved out of the apartment. The trial court ruled against tenant, who appealed and won. Tenant moved out and returned apartment keys five days after his lease term ended on Aug. 31, 2017. Landlord wasn't entitled to use and occupancy for the entire month of September 2017 because no monthly tenancy was created. Tenant didn't offer, and landlord didn't accept, any rent payment after expiration of the lease. Tenant was only responsible for use and occupancy payment for the five days he remained in the apartment after the lease expired. So, landlord could deduct $500 and must return the $2,500 balance to tenant.

Berger v. UEI 642 Tenth, LLC: Index No. 571040/18, 2019 NY Slip Op 50228(U) (App. T. 1 Dept.; 2/28/19; Shulman, PJ, Gonzalez, Cooper, JJ)

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