Condo Tenant Illegally Locked Out Is Restored to Possession

September 28, 2017

LVT Number: #27943

Condominium tenant sued landlord, seeking restoration to possession and claiming illegal lockout. Tenant left the apartment one morning, later came back, and found the locks changed and other people occupying the unit. Landlord claimed that tenant's husband had agreed to surrender the apartment on March 31, 2017. But the court found that the husband wasn't named on the lease and didn't sign it. Landlord also failed to show he had authority to surrender tenant's right to possession.

Condominium tenant sued landlord, seeking restoration to possession and claiming illegal lockout. Tenant left the apartment one morning, later came back, and found the locks changed and other people occupying the unit. Landlord claimed that tenant's husband had agreed to surrender the apartment on March 31, 2017. But the court found that the husband wasn't named on the lease and didn't sign it. Landlord also failed to show he had authority to surrender tenant's right to possession. The court ruled for tenant and granted her an eviction warrant against the current apartment occupants. The court also gave tenant permission to sue for attorney's fees as the prevailing party.

Calderon v. Noel: Index No. 17348/2017, NYLJ No. 120296849815 (Civ. Ct. Kings; 8/24/17; Marton, J)

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