Court Can't Award Money Judgment for Back Rent Because Tenant Had Moved Out

January 30, 2023

LVT Number: #32408

Landlord sued to evict tenant for nonpayment of rent. At some point while the case was pending, tenant moved out and surrendered possession of the apartment to landlord. Landlord then asked the court for a money judgment for the rent owed. The court ruled against landlord and dismissed the case without prejudice. Since tenant had vacated the apartment, no judgment of possession could be awarded to landlord. Therefore, no money judgment could be entered in this summary eviction proceeding.

Landlord sued to evict tenant for nonpayment of rent. At some point while the case was pending, tenant moved out and surrendered possession of the apartment to landlord. Landlord then asked the court for a money judgment for the rent owed. The court ruled against landlord and dismissed the case without prejudice. Since tenant had vacated the apartment, no judgment of possession could be awarded to landlord. Therefore, no money judgment could be entered in this summary eviction proceeding.

Ahmed v. Mohammed: Index No. 050131/20, 2022 NY Slip Op 51505(U), 77 Misc.3d 1213(A)(Civ. Ct. Queens; 12/12/22; Sanchez, J)

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