Landlord Let Tenant's Former Roommate into Apartment

Tenant sued landlord, claiming breach of warranty of habitability and quiet enjoyment, as well as negligence. Landlord had allowed tenant's former roommate access to tenant's apartment after tenant told landlord that the roommate no longer had permission to enter the apartment and after landlord had changed the apartment locks for tenant. The roommate removed property that tenant claimed belonged to her and that cost $200,000. Tenant asked the court to rule on the case without a trial, claiming that there was no question of fact.
The court ruled against tenant. Two questions required a trial to determine the facts: (1) whether landlord had a right to use its master key to permit access to the roommate without notice to tenant when entry wasn't for the purpose of repair, maintenance, showing the apartment, or an emergency; and (2) whether tenant had specifically directed landlord to refuse access by others to the apartment. It was undisputed that landlord changed the locks in late November 2004 and that tenant informed the doorman in writing in December 2004 to bar her former roommate from entering the apartment. The building super admitted that landlord would disregard a tenant's instructions to bar a previously registered apartment occupant unless tenant had gotten a court order against the occupant. But it was unclear whether landlord breached the covenant of quiet enjoyment by opening the apartment door for the roommate. It also was unclear whether landlord's failure to contact tenant when the roommate appeared with movers was negligence. In addition, the roommate claimed that the property she removed belonged to her, not to tenant. So there was a question as to whether landlord caused tenant any damage by permitting the roommate to remove the property.

Ji v. Rockrose Development Corp.: 2008 WL 4367821, Index No. 104190/05 (9/25/08) (Sup. Ct. NY; Stallman, J)