The fact that plaintiff moved her personal property into the subject premises after the lease was rescinded, however, exposed plaintiff to liability for money damages. In applying the fair use and occupancy standard to determine what money compensation defendant is entitled to for plaintiff's storage use of the premises for the months of June and July 2019, the court has determined that one half of the $1,175 monthly rental amount is the proper measure of damages for each of the two months in which plaintiff's personal property was stored at the premises, for total damages of $1,175. Accordingly, plaintiff's claim for the return of her $1,175 first month's rent payment is denied.
III. Defendant's Counterclaim for July and August 2019 Rent
With respect to August 2019 rent for the subject apartment, defendant's counterclaim is denied. Plaintiff had her personal belongings moved out of the premises prior to dropping off the keys to Empire's office on Monday, August 5, 2019. Based on the facts herein and pursuant to substantial justice principles and applicable legal standards, the court finds that defendant's evidence is insufficient to justify an award of rent or fair use and occupancy for August 2019.