In Skinner v. Noy , Rosalyn Skinner filed a small claims case to recover a security deposit from her former landlord, Freddie Noy.
Skinner initially sought to recoup her entire deposit of $3,450. However, she amended her claim to comport with the jurisdictional limit of the Small Claims Part of the Justice Court, and sought a reduced sum of $3,000.
The Rockland County Justice Court found that Skinner was entitled to recover her entire security deposit, minus $322 for the damage she caused to Noy's carpeting and awarded her the sum of $3,000.
On appeal, the Appellate Term, Second Department, sided with Skinner, but reduced the amount of her recovery to $1,953. The AT2 found that Noy was entitled to a month's rent because Skinner had "failed to give her landlord sufficient notice."
Since Skinner was a month-to-month tenant, New York Real Property Law § 232-b requires such tenants (outside the NYC area) to give a landlord notice "at least one month before the expiration of the term of [the] election to terminate.'"
Skinner admitted that she only notified Noy of her intent to vacate the premises on August 22, 2006, and moved out on August 31, 2006. As Skinner failed to satisfy the law's one-month advance-notice provision, the AT2 held that she was liable for the September 2006 rent, in the amount of $1,175.
The AT2 found no reason to disturb the lower court's decision regarding the premises' condition or Skinner's obligation to pay $322 for damage to the carpet, and only modified the judgment to account for the one-month's rent payment that was due to the former landlord.
Obviously, Skinner boxed herself into a reduced award.
To download a copy of the Appellate Term's decision, please use this link: Skinner v. Noy