Tenants Entitled to Return of Deposit

Tenants sued landlord in small claims court after they moved out, seeking recovery of one month's security deposit and half of their March 1998 rent. The court ruled for tenants, and landlord appealed. The appeals court ruled for landlord in part. Tenants had agreed to pay the March 1998 rent, so they weren't entitled to any refund of part of that month's rent. Landlord claimed it took half a month to rerent the apartment and that it had to spend money painting and redecorating. But landlord had told tenants they had to pay only the March rent before they moved out, and landlord didn't prove that tenant's actions caused landlord the rerenting expenses or the loss of half of April's rent.

Burke v. W. Babylon Assocs.: NYLJ, 3/28/00, p. 28, col. 6 (App. T.2 Dept.; Floyd, JP, Palella, Oshrin, JJ)