Surrender Agreement Signed After Illegal Lockout Was Void

September 30, 2009

LVT Number: #22176

Rent-stabilized tenant sued landlord, claiming that he was illegally locked out of his apartment. He asked the court to restore him to possession. Tenant was a senior citizen and had lived in the apartment for over 20 years. He testified at trial that he came home one day, found the apartment door jammed, went to the management office, and was told he should give up the apartment because of its poor condition. Landlord claimed that the case should be dismissed because tenant signed a surrender agreement, giving up the apartment. The court ruled for tenant.

Rent-stabilized tenant sued landlord, claiming that he was illegally locked out of his apartment. He asked the court to restore him to possession. Tenant was a senior citizen and had lived in the apartment for over 20 years. He testified at trial that he came home one day, found the apartment door jammed, went to the management office, and was told he should give up the apartment because of its poor condition. Landlord claimed that the case should be dismissed because tenant signed a surrender agreement, giving up the apartment. The court ruled for tenant. Tenant signed the surrender agreement in landlord's office after he was locked out. Landlord acted in bad faith and was overreaching. Under the circumstances, the surrender agreement was invalid.

White v. Renaissance Equity Holdings LLC: NYLJ, 9/24/09, p. 27, col. 1 (Civ. Ct. Kings; Milin, J)

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