either cease her business within a week or move out of the apartment. The next day, Ms. Gignac
[*2]informed Ms. Young that she would move. When Ms. Gignac
asked Ms. Young to return her security deposit, Ms. Young replied that she would construe Ms.
Gignac's decision to move as Ms. Gignac's thirty-day notice, that Ms. Gignac's August 2010 rent
would still be due, and that if August rent was paid, Ms. Gignac would be entitled to the return of
her security deposit if the apartment was left in good condition.
Ms. Gignac did not pay her August 2010 rent, which was due on August 1, 2010. On August
5, 2010, Ms. Young gave Ms. Gignac a "Three-Day Notice to Pay Rent or Vacate." On August 8,
2010, Ms. Gignac and David McKerrow, Ms. Young's apartment manager, conducted a
walk-through of the apartment. Mr. McKerrow found that the apartment was in good condition,
and Ms. Gignac surrendered the apartment on August 8, 2010.[FN1]
After she vacated the apartment, Ms. Gignac asked Ms. Young to return her $850.00 security
deposit. Ms. Young, however, refused to do so. According to Ms. Young, new tenants moved
into the apartment on September 1, 2010.
DISCUSSION
As a general rule, when a tenant vacates an apartment prior to the expiration of a month for
which rent was due, the tenant is financially liable for the entire month's rent. See Sperry v.
Miller, 8 NY 336, 338 (1854); Lukens v. Gragert, 2002 Westlaw 32068273 (App.
Term, 9th & 10th Jud. Dists. 2002); 2 Dolan, Rasch's Landlord and Tenant-Summary
Proceedings § 26:36, at 311 [4th ed]. However, where a landlord breaches a tenant's
covenant for the quiet enjoyment of his or her leased premises, and there is a constructive
eviction of the tenant, the landlord is not entitled to accrued rent. See Dave Herstein Co. v.