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Use and Occupancy is not Rent

Posted by Anna on March 12, 2000 at 21:55:20:

From Monday 3/13, New York Law Journal:

Court: Nassau County
Hampshire House v. Deborah L. Casson
SP4356-99, QDS: 76311869
Feb. 15, 2000

Judge: Kenneth Gartner

Attorneys: Spellman & Walsh for the plaintiff. Robert E.
Semensohn for the defendant.

Summary: Hampshire House and Ms. Casson settled a
holdover proceeding by stipulating that Ms. Casson would
vacate on or before Nov. 30, 1999, pay "rent" for the month of
August, and pay "use and occupancy" at an agreed rate for
three months thereafter. On compliance, Ms Casson would
receive her two-months security deposit. After Ms. Casson
vacated the apartemnt, before Sept. 30, 1999, having paid for
all rent and use and occupancy through that date, Hampshire
House asserted that Ms. Casson was required by the
stipulation to pay October and November use and that it was
not required to return the deposit. Court found that "use and
occupancy" could not be recovered where the tenant did not in
fact use and occupy the premises, especially where the
contract differentiated between months for which rent was due
and those for which use and occupancy was due.

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