Landlord Must Restore Occupant Who Was Illegally Locked Out

July 27, 2020

LVT Number: #30889

Occupant sued landlord for illegal lockout from an apartment that she and her brother occupied. The court ruled for occupant after landlord failed to appear in court. After the police removed occupant and her brother from the apartment, they found a deadbolt lock on the door the next day. Occupant credibly testified in court that she and her brother had been living in the apartment for more than 30 days when they were removed. They had received no legal notices to vacate.

Occupant sued landlord for illegal lockout from an apartment that she and her brother occupied. The court ruled for occupant after landlord failed to appear in court. After the police removed occupant and her brother from the apartment, they found a deadbolt lock on the door the next day. Occupant credibly testified in court that she and her brother had been living in the apartment for more than 30 days when they were removed. They had received no legal notices to vacate. So, changing the locks so that occupants couldn't enter the apartment was improper and violated Real Property Actions and Proceedings Law Section 713(10). Landlord was ordered to restore occupant to possession. 

Morgan v. 440 St. Marks Realty LLC: Index No. 10197/20, NYLJ No. 1592316879 (Civ. Ct. Richmond; 5/15/20; Smith, J)

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