Wesley v. Shaftel

CAYTON, Acting Judge.

Landlords appeal from a judgment requiring return of unearned rent and of a security deposit.

Tenants had rented an apartment and soon after moving in a dispute arose with the landlord 1 concerning use of certain parking facilities. Plaintiffs’ evidence was that following the dispute landlord made an offer giving them the right to terminate the tenancy and vacate the apartment after one-week’s notice, and agreed that he would then refund to them the pro rata amount of unearned rent for that month, together with the security deposit; that acting on such offer they gave…