No Illegal Lockout of Person Allowed to Live in Commercial Space

Tenant sued someone he claimed was his landlord for illegal lockout. Since the court action took place during the COVID-19 public health emergency, the court denied tenant's request for a jury trial and instead held a hearing remotely over the course of several days. The court denied tenant's request for a preliminary injunction restoring him to the premises because it would be futile to award possession to tenant. The building was a four-story office building.

Tenant claimed that he moved into the mezzanine-level floor for use as his residence in June 2019 and that the building was otherwise vacant. In January 2020, after spending a week away, tenant returned to find the locks were changed. He broke the locks to enter his space. Later that day, as he was walking to the store to buy replacement locks, he was arrested for breaking and entering. Since then he hadn't returned and hadn't been given keys by landlord. Tenant claimed that he paid $12,500 in cash to landlord in June 2019 to cover five months' rent at $2,500 per month. Landlord gave tenant a combination code to a lock placed on an outside gate and two keys, one for the building and one for the mezzanine-level space. The parties also signed a two-year lease.

But there was no proof that the "landlord" had any connection to the building or was granted authority by the building owner to rent space to tenant. There was no apparent authority granted by the owner to the claimed landlord. And since there was no proof of authorization from the owner, the lease was invalid. At best, tenant was a month-to-month interloper occupying space in violation of the building's commercial certificate of occupancy. 

Cordova v. 1217 Bedford Realty LLC: 67 Misc.3d 1206(A), 2020 NY Slip Op 50423(U)(Civ. Ct. Kings; 4/14/20; Weisberg, J)