Landlord Re-Rented Apartment Without Proof Tenant Had Abandoned It

August 17, 2014

LVT Number: #25704

Rent-stabilized Section 8 tenant sued landlord, seeking repossession of apartment. Tenant claimed that he went to Virginia in May 2014 to visit his sick grandmother. When he returned in early June, another tenant was living in the apartment with his furniture. Landlord claimed that Section 8 stopped paying tenant's rent in April 2014 and that someone from the Veterans' Affairs office had called him to say that tenant wasn't returning. But tenant never surrendered keys or told landlord that he was moving out. The court ruled for tenant.

Rent-stabilized Section 8 tenant sued landlord, seeking repossession of apartment. Tenant claimed that he went to Virginia in May 2014 to visit his sick grandmother. When he returned in early June, another tenant was living in the apartment with his furniture. Landlord claimed that Section 8 stopped paying tenant's rent in April 2014 and that someone from the Veterans' Affairs office had called him to say that tenant wasn't returning. But tenant never surrendered keys or told landlord that he was moving out. The court ruled for tenant. Tenant brought the court action shortly after returning, and landlord failed to prove that tenant abandoned or surrendered the apartment.

Coleman v. Onsite Property Management: Index No. 805127/14, NYLJ No. 1202664230667 (Civ. Ct. Bronx; 7/11/14; Rodriguez, J)

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