Landlord Must Pay Damages for Wrongful Eviction

January 1, 2011

LVT Number: #23108

Landlord sued to evict tenants for nonpayment of rent. Landlord and tenants signed a settlement agreement in court, giving landlord a judgment of possession. The eviction warrant was stayed on the condition that tenants paid the back rent owed by a certain date. Landlord later evicted tenants. Tenants asked the court to restore them to possession because they had paid all outstanding rent. The court ruled for tenants. Tenants then sued landlord for wrongful eviction. They sought both compensation and triple damages for landlord’s action.

Landlord sued to evict tenants for nonpayment of rent. Landlord and tenants signed a settlement agreement in court, giving landlord a judgment of possession. The eviction warrant was stayed on the condition that tenants paid the back rent owed by a certain date. Landlord later evicted tenants. Tenants asked the court to restore them to possession because they had paid all outstanding rent. The court ruled for tenants. Tenants then sued landlord for wrongful eviction. They sought both compensation and triple damages for landlord’s action. Landlord denied it owed tenants any money damages. The court ruled for tenants. The prior court order restoring tenants to possession established wrongful eviction. Tenants were entitled to money damages as compensation. The court must decide whether they also should get triple damages.

Greaves v. Memadet Realty Corp.: Index No. 110789/09, NYLJ No. 1202476458902 (Sup. Ct. NY; 12/16/10; Madden, J)

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