Tenant Didn't Abandon Apartment

February 1, 2001

LVT Number: 14703

Tenant sued landlord, seeking to be restored to possession of her apartment. Tenant had moved out after an apartment fire, but made it clear that she intended to move back in. Landlord terminated tenant's right to reoccupy the apartment after her lease ended, but never started an eviction case. New tenants now lived in the apartment. The court ruled for tenant in part. Since tenant didn't abandon the apartment, landlord could legally get possession only by starting an eviction case. But it would be unfair to the new tenants to let tenant move back in.

Tenant sued landlord, seeking to be restored to possession of her apartment. Tenant had moved out after an apartment fire, but made it clear that she intended to move back in. Landlord terminated tenant's right to reoccupy the apartment after her lease ended, but never started an eviction case. New tenants now lived in the apartment. The court ruled for tenant in part. Since tenant didn't abandon the apartment, landlord could legally get possession only by starting an eviction case. But it would be unfair to the new tenants to let tenant move back in. Tenant can start a court case against landlord to recover damages for wrongful eviction.

N'Tuli v. Rinaldi: NYLJ, 1/31/01, p. 32, col. 2 (Civ. Ct. Richmond; Bedford, J)

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