use and occupancy to the principal sum of $14,054.19, and by providing that tenants are
awarded, in addition to the principal sum of $7,500 upon their first counterclaim (for the
return of their security deposit) and the principal sum of $100 upon their third
counterclaim (for water charges), the principal sum of $483.71 upon their second
counterclaim (for various repairs), resulting in a net judgment in landlord's favor in the
principal sum of $5,970.48; as so modified, the final judgment, insofar as appealed from,
is affirmed, without costs.
In this holdover proceeding, landlord seeks to recover, in addition to possession,
arrears in rent at the rate of $5,600 per month for two months, and use and occupancy at
the rate of $6,000 per month for two months, totaling $23,200. Tenants counterclaimed
for, among other things, reimbursement for repairs they had undertaken to the premises
and for the return of their security deposit. At a nonjury trial, tenant Margaret S. Scott
failed to appear. Tenant Keith G. Scott appeared and did not contest that tenants had left
the property 35 days after the end of their lease term. The parties disputed the amount of
rent arrears and use and occupancy that was owed, as well as whether any money was
owed to tenants for repairs. Following the trial, the District Court awarded landlord the
principal sum demanded of $23,200 for rent arrears and use [*2]and occupancy, and awarded tenants $7,500 for the return
of their security deposit and $100 for an overpayment of the water bill, resulting in an
award in landlord's favor of the net principal sum of $15,600. All of tenants' remaining
counterclaims were implicitly dismissed.
While landlord alleged that rent was due for the months of May and June 2014, he