Former Tenant Claims Landlord Harassed Her to Move Out

Landlord, the owner of an apartment he had rented to tenant since 2016, sued tenant after tenant moved out for breaching her residential lease. In response, tenant claimed harassment and sought the return of her security deposit and attorney's fees. Landlord asked the court to dismiss tenant's claims.

The court ruled for landlord in small part. Tenant paid rent at $23,000 per month under a 2020 lease that expired on March 31, 2021. The parties then entered an extension lease from April 1, 2021, until July 31, 2021, at a reduced rent of $15,000 per month. Landlord refused tenant's request to extend the lease further although landlord never sent a 90-day termination notice. Landlord advised tenant that he needed access for repairs so that he could occupy the apartment when tenant moved out. When tenant failed to move out by the lease expiration, landlord sued for eviction in housing court.

Tenant then moved out on Aug. 19, 2021. Landlord refused to refund tenant's $24,000 security deposit, claiming that there were significant damages and alterations made to the unit and that tenant owed rent for August 2021. Landlord paid $71,880 for repairs, then sued tenant for breach of lease. Landlord claimed that, after deducting the security deposit, tenant owed $26,709 for rent for Aug. 1-18; $8,136 for electrical charges; and $47,880 for repair costs.

Tenant claimed that when she moved in landlord gave her permission to make certain alterations to the apartment such as painting and creating a fourth bedroom by installing a wall and closet with built-ins. She also claimed that landlord failed to refund $9,000 to her in 2021 when her rent was reduced and when her security deposit should also have been reduced. Tenant also claimed that, prior to her lease expiration, landlord made repeated and numerous requests to enter the apartment, and made multiple visits, some without prior notice. Some of landlord's associates failed to observe COVID-19 safety protocols when entering. Tenant also claimed that she received a barrage of threatening communications from landlord's attorneys. Since landlord never served a termination notice, tenant claimed that the holdover petition was frivolous as she remained as a month-to-month tenant.

At this early stage of the court case, the court denied landlord's request to dismiss tenant's claim of harassment based on landlord's providing false or misleading information relating to occupancy of the unit or committing other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of the tenancy. The court also denied landlord's request to deny tenant's counterclaim seeking refund of her security deposit. The court did grant landlord's request to deny tenant's counterclaim for harassment based on commencing repeated baseless or frivolous court proceedings. 

Freeland v. Chemtob: Index No. 160094/2021, 2023 NY Slip Op 31908(U)(Sup. Ct. NY; 5/31/23; Saunders, J)