Tenants Didn't Move Out on Time

April 1, 1994

LVT Number: 8714

Tenant sued landlord for return of his security deposit. The trial court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Tenant had stipulated to move out of the apartment by a certain date, but didn't do so until some time later. Since tenant was supposed to pay use and occupancy as long as he occupied the apartment, this payment should have been set off against the security deposit. Tenant's request for return of the security deposit was, therefore, denied.

Tenant sued landlord for return of his security deposit. The trial court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Tenant had stipulated to move out of the apartment by a certain date, but didn't do so until some time later. Since tenant was supposed to pay use and occupancy as long as he occupied the apartment, this payment should have been set off against the security deposit. Tenant's request for return of the security deposit was, therefore, denied.

Duncan v. Spaulding: NYLJ, p. 34, col. 5 (3/24/94) (App. T. 2 Dept.; Aronin, JP, Scholnick, Chetta, JJ)

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