witness.
836 29 MISCELLANEOUS REPORTS, 3d SERIES
[910 NYS2d 848]
JEROME MIDDLETON, Claimant, v RALPH AVE ASSOCIATES PHASE
II, LLC, Defendant.
Civil Court of the City of New York, Kings County, September 3, 2010
HEADNOTE
Landlord and Tenant — Rent Regulation — Lease Not Deemed
Renewed When Rent-Stabilized Tenant Holds Over after Expira-
tion of Lease — Return of Security Deposit
In a small claims action in which claimant tenant sought the return of his
security deposit, defendant landlord could not deem claimant’s rent-stabilized
lease to have been renewed for another year so as to justify its retention of
claimant’s security deposit to offset the rent owed for the remainder of the
renewed lease where claimant held over after the expiration of lease term,
remained in possession for several more months and continued paying rent at
the increased rate set forth in the unsigned renewal lease. A rent-stabilized
lease cannot be deemed renewed pursuant to Rent Stabilization Code (9
NYCRR) § 2523.5 (c) (2) solely by virtue of the fact that a tenant held over af-
ter its expiration and rent was accepted. Furthermore, claimant’s com-
municated intent to vacate coupled with his statement that he would not
renew vitiated any implied agreement for a new lease. Consequently, in the
absence of any claim of damage to the premises, claimant was entitled to the
return of his security deposit plus statutory interest, costs and fees (see Gen-
eral Obligations Law § 7-103 [1]).
RESEARCH REFERENCES
By the Publisher’s Editorial Staff
AM JUR 2d, Landlord and Tenant §§ 105–108, 146, 906.
DOLAN, RASCH’s NEW YORK LANDLORD AND TENANT IN-
CLUDING SUMMARY PROCEEDINGS (4th ed) §§ 2:40, 11:9,
13:15.
MCKINNEY’s, General Obligations Law § 7–103 (1).
9 NYCRR 2523.5 (c) (2).