ascertain when the lease terminated by its terms one could only make such a determination by
reviewing page 1 where the termination date was listed.
The plaintiff testified she had moved into the premises on 5/10/08, gave the landlord notice
in April 2009 she intended to vacate the leasehold by 4/30/09 on or before 4/15/09 and that the
landlord said this was agreeable to him so long as she completed some clean-up of the premises.
She testified that a walk through was completed on 4/28/09 during which the landlord requested
some additional minor clean-up and told her at that time the $850 security deposit would be
mailed to her.
The plaintiff surrendered the premises to the landlord as of 4/30/09 and the next day the
landlord allowed a new tenant to take possession of the leasehold. The landlord testified that
while he agreed the clean-up was adequate on 4/28/09 after the premises was returned to him and
did not deny he installed a new tenant in it on 5/1/09, he argued he had a right to keep the $850
under the terms of the lease because the tenant had not given an appropriate termination notice.
He argued that the lease did not expire by its written terms until 5/30/09 and not 5/10/09 as
argued by the tenant. He maintained that notwithstanding the fact he had re-rented the premises
on 5/1/09 to a new tenant at the same monthly rental amount he could still keep the $850 security
deposit under the terms of paragraph 34 of the lease. He agreed he would supply this Court with
page 1 of the lease which would support his contention that the lease' termination date was
5/30/09 and not before that date.
When this paper (Ex-C) was given the Court after he went to his car to retrieve it, paragraph