Landlord Locked Out Tenant After Illegal Subtenant Moved Out

November 25, 2018

LVT Number: #29763

Landlord sued to evict tenant for illegally subletting her rent-stabilized apartment. The subtenant appeared in court and agreed to move out. The settlement agreement included a final judgment of possession in landlord's favor. The tenant then returned to court, seeking a stay after landlord locked her out of the apartment. Tenant claimed that she never abandoned the apartment. The court ruled for tenant, directing that she be restored to possession. Initially, the subtenant had locked her out, but then landlord changed the locks after subtenant moved out.

Landlord sued to evict tenant for illegally subletting her rent-stabilized apartment. The subtenant appeared in court and agreed to move out. The settlement agreement included a final judgment of possession in landlord's favor. The tenant then returned to court, seeking a stay after landlord locked her out of the apartment. Tenant claimed that she never abandoned the apartment. The court ruled for tenant, directing that she be restored to possession. Initially, the subtenant had locked her out, but then landlord changed the locks after subtenant moved out. But tenant never surrendered possession, and landlord couldn't conduct self-help eviction. 

3212-16 Decatur Realty v. Hernandez: Index No. 16682/2018, NYLJ No. 10/11/18, p. 27, col. 2 (Civ. Ct. Bronx; 9/25/18; Lutwak, J)

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