Landlord Illegally Locked Out Subtenant

Subtenant sued the building owner, its managing agent, and the building super, claiming illegal eviction. Subtenant claimed that, about a month after he sublet an apartment, the super changed the locks to the front door of the apartment and refused to give subtenant keys to the new locks. Because subtenant filed a voluntary bankruptcy in January 2014, this case had remained stayed for many years. Now, after the bankruptcy proceeding was over, subtenant asked the court to rule without trial on at least part of his claims. Landlord claimed that the sublease was invalid because it was executed without the written consent of the landlord. The court ruled for the subtenant, who was removed without an eviction warrant. Landlord presented no sufficient reason for why the locks were changed. The managing agent admitted that the subtenant was at the apartment apparently with the permission of the tenant. Landlord didn't take legal action to challenge the sublease with the tenant or to remove the subtenant through legal process. The case was adjourned for a discovery conference.

Cooper v. Monterey 96 St. LLC: Index No. 653521/2013, 2023 NY Slip Op 31423(U)(Sup. Ct. NY; 4/28/23; Bluth, J)