Landlord Illegally Locked Hospitalized Tenant Out of Apartment

Tenant sued landlord, claiming that he was illegally locked out of his apartment. Tenant asked to be restored to possession. Landlord claimed that tenant had abandoned the apartment before March 2016 and that landlord had signed a new lease with new tenant. The court ruled for the complaining tenant and ordered that he be restored to the apartment. While tenant was in a nursing home, landlord violated the Illegal Eviction Law by changing the locks to the apartment, removing tenant’s belongings, and rerenting the unit, all without legal process. Tenant had a current lease in effect, and landlord accepted rent money on tenant’s behalf from the welfare/HASA program. There was no proof to support landlord’s claim that tenant had abandoned the apartment. Tenant didn’t sign a surrender acknowledgement or return keys and had returned home from the hospital to return his signed renewal lease. While tenant’s failure to notify landlord of his lengthy hospitalization might have been a mistake, it shouldn’t have resulted in tenant’s loss of his home and belongings. 

Rodriguez v. 5 Star Management LLC: Index No. L&T 804885/16, NYLJ 1202766487744 (Civ. Ct. Bronx; 8/24/16; Tao, J)