Landlord Can Continue Eviction After Tenant Moves Out

December 1, 2006

LVT Number: 19283

Landlord sued to evict month-to-month tenant after delivering a 30-day termination notice. Landlord also sought back rent that was due. Tenant asked the court to dismiss the case because he had moved out of the apartment. The court ruled against tenant. Tenant still lived in the apartment when landlord had started the court proceeding. It didn't matter that tenant moved out afterward. Landlord could continue the case. The court granted landlord's request for a money judgment against tenant for the back rent.

Landlord sued to evict month-to-month tenant after delivering a 30-day termination notice. Landlord also sought back rent that was due. Tenant asked the court to dismiss the case because he had moved out of the apartment. The court ruled against tenant. Tenant still lived in the apartment when landlord had started the court proceeding. It didn't matter that tenant moved out afterward. Landlord could continue the case. The court granted landlord's request for a money judgment against tenant for the back rent.

Torres v. Torres: NYLJ, 11/2/06, p. 24, col. 1 (Civ. Ct. Kings; Heymann, J)

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