Tenant Who Moved Out Responsible for Full Month's Rent

March 9, 2012

LVT Number: #23978

Landlord sued former month-to-month tenant in small claims court for back rent owed. The court ruled against landlord, finding that landlord held two months' prepaid rent plus a security deposit. This was more than the rent owed for November, December, and the eight days in January before tenant moved out. Landlord appealed and won. A month-to-month tenant who remains in occupancy for part of a month is responsible for the full month's rent. So tenant was responsible for the full January rent and, after recalculation, owed landlord $250.

Landlord sued former month-to-month tenant in small claims court for back rent owed. The court ruled against landlord, finding that landlord held two months' prepaid rent plus a security deposit. This was more than the rent owed for November, December, and the eight days in January before tenant moved out. Landlord appealed and won. A month-to-month tenant who remains in occupancy for part of a month is responsible for the full month's rent. So tenant was responsible for the full January rent and, after recalculation, owed landlord $250.

Deban v. Hoevener: NYLJ, 2/22/12, p. 28, col. 6 (App. T. 2 Dept.; Nicolai, PJ, Molia, Iannacci, JJ)

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