Landlord Didn't Keep Tenant from Re-occupying Apartment After Incarceration

May 17, 2016

LVT Number: #26955

Tenant sued other apartment occupants and landlord, claiming breach of quiet enjoyment and wrongful eviction. Tenant had rented the apartment in 1979, and lived there with his girlfriend and their daughter. Landlord was in jail from 1985 until 2010. When released, the daughter and her boyfriend lived in the apartment and denied tenant access. The lease was still in tenant’s name. The court ruled for tenant and ordered all defendants to pay him $18,000 in damages. Landlord appealed and won.

Tenant sued other apartment occupants and landlord, claiming breach of quiet enjoyment and wrongful eviction. Tenant had rented the apartment in 1979, and lived there with his girlfriend and their daughter. Landlord was in jail from 1985 until 2010. When released, the daughter and her boyfriend lived in the apartment and denied tenant access. The lease was still in tenant’s name. The court ruled for tenant and ordered all defendants to pay him $18,000 in damages. Landlord appealed and won. Landlord building owner, and its managing agent, did nothing to deprive tenant of the beneficial enjoyment or actual possession of the apartment. Therefore, tenant had no legitimate claim against them.

 

 

 

 

Marchese v. Great Neck Terrace Associates, LP: 2016 NY Slip Op 02623, 2016 WL 1355679 (App. Div. 2 Dept.; 4/6/16; Hall, JP, Roman, Lasalle, Barros, J)

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