| Griffiths v Washington |
| 2016 NY Slip Op 50980(U) [52 Misc 3d 1203(A)] |
| Decided on June 29, 2016 |
| City Court Of Mount Vernon, Westchester County |
| Seiden, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 6, 2017; it will not be published in the printed Official Reports. |
Suzette
Griffiths, Plaintiff,
against Julia Washington, Defendant. |
Claimant brought this proceeding to recover one thousand nine hundred and ninety five dollars ($1,995.00) alleging that defendant failed to return her security on an apartment rental and owes her fifty percent of a Con Edison bill for space heaters used when heat was turned off for twelve (12) days in December 2015.
Defendant served claimant with a Notice to Terminate on October 26, 2015 ending the tenancy on November 30, 2015. The claimant alleges that she remained in the premises until December 31, 2015. It is uncontested that she paid the rent for December. Claimant claims to have made four (4) attempts to return the keys to defendant. She finally accomplished that goal on January 8, 2016.
Defendant counterclaimed for one (1) month's rent of one thousand six hundred and fifty dollars ($1,650.00) for January 2016 stating that the only attempt to return the keys was made when they were received on January 8, 2016. Defendant also stated that the apartment could not be re-rented until March.
After hearing the testimony of the parties and judging their credibility, the Court finds for [*2]claimant in the sum of one thousand two hundred and twenty five dollars ($1,225.00). The counterclaim is dismissed.
By accepting the rent from the claimant for December, the defendant, in essence, vacated the Notice of Termination and created a new month to month tenancy. Vendome v. Tasoulis, 211 N.Y.L.J. 22 (App. Term 2nd Dept. 1994); Assoc. Realties v. Brown, 146 Misc 2d 1069 (Civ. Ct. New York Cty 1990); Sultanik v. Byrd, 15 Misc 3d 1141(A) (Ossining Justice Ct. 2007). Although return of the keys is critical to surrender of the apartment, the defendant relying on that as the sole indication of when the apartment is vacated is misplaced. 80 State Street, LLC v. Allwen, Inc., 6 AD3d 978 (3rd Dept. 2004); Matter of 233-5 Realty, LLC v. Sheehan, 2001 NY Slip Op 32811 (Sup. Ct. NY Cty. 2011); LC Apartments, LLC v. Guzman, 50 Misc 3d 1205(A) (Monroe Cty. Ct. 2015).
The above meets this Court's statutory charge to do substantial justice between the parties.
The above constitutes the decision and order of the Court.