Landlord Can't Evict Without Court Order

July 31, 1994

LVT Number: 8957

Facts: Landlord New York City evicted four families from their apartments without a court order. The families had moved into the otherwise vacant building several months before they were evicted. Landlord argued that it could evict the families without a court order because they were squatters. The families asked the court to restore them to possession and to order landlord to return their belongings. Court: Tenants win.

Facts: Landlord New York City evicted four families from their apartments without a court order. The families had moved into the otherwise vacant building several months before they were evicted. Landlord argued that it could evict the families without a court order because they were squatters. The families asked the court to restore them to possession and to order landlord to return their belongings. Court: Tenants win. The Real Property Actions and Procedures Law (RPAPL) Section 713 states that landlord must serve a notice to quit and get an eviction warrant from a court before evicting any tenant who has resided in an apartment for more than 30 consecutive days. So, landlord couldn't use self-help to get these families out of the building.

Paulino v. Wright: NYLJ, p. 26, col. 2 (7/15/94) (Sup. Ct. NY; Arber, J)

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