<p>ORDERED that the final judgment, insofar as appealed from, is modified by reducing the award to landlord upon landlord's causes of action for arrears in rent and for 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.</p>

<p>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 <font color="FF0000">[*2]</font>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 principa