Illegal Lockout Case Against Landlord Dismissed for Lack of Credibility

Tenant sued landlord, claiming illegal lockout. She claimed that she and her family left their apartment for a one-week vacation. When they returned, the locks to the building and their apartment had been changed and a new tenant was living in the apartment. Landlord claimed this wasn't true. He said that tenant and her family left the apartment on July 3, 3023, for New Hampshire, taking their belongings, leaving the keys, and vacating permanently. They told neighbors that they were going to open a restaurant out of state. When tenant left, landlord entered into a rental agreement with tenant's subtenant, who had been living with tenant in the apartment since April 2023.  The trial court ruled for landlord and dismissed the case. Although the court "had reason to question the credibility of nearly all the witnesses," it found landlord and his witnesses, including neighbors, more credible than tenant.

Lin Ling x. Xiao Min Lu: Index No. 320871/23, 2023 NY Slip Op 50943(U)(Civ. Ct. Kings; 9/5/23; Weisberg, J)