Landlord Seeks Court Order for Tenant to Remove Property from Yard

December 10, 2020

LVT Number: #31118

Landlord sued month-to-month first-floor apartment tenant, seeking an order directing tenant to remove his personal property from the rear yard of the building. Landlord argued that it had rented a ground-floor store, including basement and the rear yard, to a commercial tenant for use as a cafe. The commercial tenant refused to move in until the rear yard was cleared of tenant's personal property. Landlord claimed that it was irreparably harmed by tenant's actions.

Landlord sued month-to-month first-floor apartment tenant, seeking an order directing tenant to remove his personal property from the rear yard of the building. Landlord argued that it had rented a ground-floor store, including basement and the rear yard, to a commercial tenant for use as a cafe. The commercial tenant refused to move in until the rear yard was cleared of tenant's personal property. Landlord claimed that it was irreparably harmed by tenant's actions. But, as the court noted, landlord's papers didn't say that the rear yard wasn't part of the premises that tenant rented.

The court ruled against landlord for failing to state a proper claim. Landlord didn't seek eviction of tenant from either his apartment or the rear yard, and didn't ask the court to determine the respective rights of the parties. Landlord seemed just to be requesting that tenant be ordered to clean up the yard. The complaint failed to state a cause of action.

327 Van Brunt St. LLC v. Davis: Index No. 516494/2020, 2020 NY Slip Op 33869(U)(Sup. Ct. Kings; 11/20/20; Silber, J)

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