Sacco v. DeBon-Aire, Inc.

I. INTRODUCTION AND FACTS

Both parties have moved for summary judgment upon an agreed statement of facts. The disputed question of law is whether a commercial tenant who paid a security deposit to its original lessor is entitled to a credit for the security deposit from a successor landlord. For the reasons stated below, the court concludes that the tenant is entitled to the security deposit credit from the current landlord.

The original lessor lost its title when its mortgage holder foreclosed. PHNB Realty, Inc. purchased the property at the foreclosure sale. The plaintiff and current lessor…