Opinion
2007-671 RO C.
Decided January 2, 2008.
Appeal from a judgment of the Justice Court of the Village of Spring Valley, Rockland County (Susan M. Smith, J.), entered December 7, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,000.
Judgment modified by reducing the amount of the award in favor of plaintiff to the principal sum of $1,953; as so modified, affirmed without costs.
RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.
Plaintiff commenced this small claims action to recover her security deposit in the amount of $3,450 from defendant, her former landlord. Plaintiff thereafter amended her claim to seek the reduced sum of $3,000, the jurisdictional limit of the Small Claims Part of the Justice Court (UJCA 1801). Following a nonjury trial, the court below ruled that plaintiff had established that she was entitled to the return of her $3,450 security deposit, less a credit to defendant in the amount of $322 for damage plaintiff did to defendant's carpeting. Accordingly, the court awarded plaintiff the principal sum of $3,000. Defendant appeals, arguing, inter alia, that he is entitled to one month's rent in the sum of $1,175 because plaintiff failed to give him sufficient notice of her termination. We now modify the judgment.
The record reveals that after the expiration of the parties' last lease, plaintiff occupied the premises as a month-to-month tenant. Pursuant to Real Property Law § 232-b, a month-to-month tenancy outside the City of New York may be terminated by either party upon "notifying the other at least one month before the expiration of the term of [the] election to terminate." Plaintiff admitted at trial that she notified defendant on August 22, 2006 that she intended to vacate the premises and that she moved out on August 31, 2006. Since plaintiff failed to give the required one month's notice, she is liable for the September 2006 rent in the amount of $1,175 ( Volk v Lewis, NYLJ, Nov. 1, 1996 [App Term, 9th 10th Jud Dists]; Malley v Condy, NYLJ, May 7, 1992 [App Term, 9th 10th Jud Dists]).
We find no reason to disturb the trial court's determination with respect to the condition of the premises or the $322 credit given to defendant for damage to the carpeting ( see Williams v Roper, 269 AD2d 125, 126; Claridge Gardens v Menotti, 160 AD2d 544). Therefore, we find that substantial justice requires a total credit of $1,497 to defendant against the security deposit of $3,450, and we modify the judgment accordingly (UJCA 1807).
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.