Court Can't Restore Tenant After Claimed Illegal Lockout

March 14, 2013

LVT Number: #24691

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which the case was converted to a holdover proceeding, tenant would vacate by Oct. 11, 2012, and landlord would waive all back rent and use and occupancy. The marshal later delivered an eviction notice when tenant failed to vacate. Tenant obtained a stay of eviction from the court through Dec. 31, 2012. Tenant later asked the court to be restored to the apartment, claiming that she was illegally locked out by landlord on Jan. 23, 2013. Tenant also asked for money damages.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which the case was converted to a holdover proceeding, tenant would vacate by Oct. 11, 2012, and landlord would waive all back rent and use and occupancy. The marshal later delivered an eviction notice when tenant failed to vacate. Tenant obtained a stay of eviction from the court through Dec. 31, 2012. Tenant later asked the court to be restored to the apartment, claiming that she was illegally locked out by landlord on Jan. 23, 2013. Tenant also asked for money damages. The court ruled against tenant. Since tenant wasn't evicted by a marshal, she can't seek to be restored to possession in the eviction proceeding. She must start her own separate lawsuit against landlord. This court likewise had no power to rule on tenant's demand for triple damages under Real Property Actions and Proceedings Law Section 713(10). 

Satchell v. Nickelson: Index No.. 63021/2012, NYLJ No. 1202587550623 (Civ. Ct. Kings; 1/31/13; Marton, J)

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