Landlord Illegally Evicted Tenant While Tenant Was in Prison

April 25, 2018

LVT Number: #28360

Tenant sued landlord for illegal lockout. He claimed that he lived in a basement room with landlord's cousin since 2016, went to jail in November 2017, and returned in February 2018. Landlord said that she didn't accept any rent payments from people who attempted to pay rent for tenant while he was away.  She changed the locks 30 days after tenant disappeared and stored his possessions in the garage. The court ruled for tenant. Landlord unlawfully removed him from possession in violation of Real Property Actions and Proceedings Law Section 713(10).

Tenant sued landlord for illegal lockout. He claimed that he lived in a basement room with landlord's cousin since 2016, went to jail in November 2017, and returned in February 2018. Landlord said that she didn't accept any rent payments from people who attempted to pay rent for tenant while he was away.  She changed the locks 30 days after tenant disappeared and stored his possessions in the garage. The court ruled for tenant. Landlord unlawfully removed him from possession in violation of Real Property Actions and Proceedings Law Section 713(10). Landlord was ordered to provide tenant with a key immediately or to use a locksmith and call the police to regain entry if not provided by landlord.

Boston v. Souden: Index No. 10876/2018, NYLJ No. 151780910 (Civ. Ct. Queens; 3/16/18; Hoyes, J)

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