l sum of $15,600. All of tenants' remaining counterclaims were implicitly dismissed.</p>

<p>While landlord alleged that rent was due for the months of May and June 2014, he conceded that tenants had last paid rent on April 22, 2014 and did not rebut tenant's testimony and documentary evidence
showing that rent was payable from the 22nd day of the month. As the lease terminated on June 30, 2014, the District Court's finding that tenants owed the full amount of the monthly rent for the months of May and June 2014 was not correct. Rather, tenants owed $5,600 for May 22, 2014 through June 21, 2014, and $1,680 (which equals $5,600 per month prorated for nine days) for June 22, 2014 through June 30, 2014.</p>

<p>After the tenancy ended on June 30, 2014, landlord was entitled, pursuant to an amendment to the lease, to use and occupancy at the rate of $6,000 per month through the date of tenants' vacatur, August 4, 2014. The District Court erred in awarding use and occupancy through August 31, 2014, as tenants are liable for use and occupancy only for the actual period that they remained in possession (<i>see Peat v Doralis</i>, 22 Misc 3d 142[A], 2009 NY Slip Op 50457[U] [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2009]; <a href="../2008/2008_50537.htm" target="_blank"><i>Wahl v Warren</i>, 19 Misc 3d 130</a>[A], 2008 NY Slip Op 50537[U] [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2008]). Thus, tenants owed $6,000 for July 2014 and $774.19 for four days in August 2014.</p>