Tenant Didn't Abandon Apartment

December 1, 2000

LVT Number: 14559

Tenant sued landlord, seeking to be restored to possession of a room in Holland House. Most tenants there were previously homeless and were recovering from drug, alcohol, or mental impairments. Tenant moved into Holland House in 1996. In early 2000, police and fire marshals removed him from the building. He was handcuffed and agitated. Five months later, tenant tried to return, but landlord didn't allow him to do so. The court ruled for tenant. Tenant never returned the keys to landlord and didn't intend to abandon his room.

Tenant sued landlord, seeking to be restored to possession of a room in Holland House. Most tenants there were previously homeless and were recovering from drug, alcohol, or mental impairments. Tenant moved into Holland House in 1996. In early 2000, police and fire marshals removed him from the building. He was handcuffed and agitated. Five months later, tenant tried to return, but landlord didn't allow him to do so. The court ruled for tenant. Tenant never returned the keys to landlord and didn't intend to abandon his room. So landlord must restore him to possession, since tenant was never legally evicted.

Barnes v. MRG Partners L.P.: NYLJ, 11/29/00, p. 29, col. 3 (Civ. Ct. NY; Schachner, J)

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