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Landlord & Tenant
Failure to Return Keys Did Not Establish Failure to Surrender on Time Pezzo v. 26 Seventh Avenue South LLC 2016 WL 6604548 AppDiv, Second Dept., 11/9/16 (memorandum opinion)
In an action by tenant for breach of the lease, tenant appealed from Supreme Court's denial of his motion for summary judgment on several claims, including one for return of a security deposit. The Appellate Division modified to grant summary judgment on the security deposit claim, holding that tenant's failure to return the keys did not establish a failure to surrender the apartment on time.
Tenant leased the subject apartment from landlord for a one-year term and paid a security deposit of $6,300. The lease provided that landlord would return the security deposit within six days after termination of the lease, as long as tenant did not breach the lease. After the one-year period expired, tenant requested return of the security deposit, but landlord refused to return it, contending that tenant had vacated after expiration of the lease term, and had damaged the apartment, requiring $12,000 in repairs. Supreme Court denied tenant's summary judgment motion on this issue, as well as tenant's motion for summary judgment on a rent overcharge claim.
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