Tenant Entitled to Oust Apartment Occupants Without Legal Process

August 27, 2019

LVT Number: #30306

Apartment occupants sued landlord NYCHA and the apartment's tenant of record for illegal lockout. They asked the court to restore them to possession. Occupants later stated that they didn't want to be restored to possession but just wanted money damages. The trial court found that occupants were tenant's licensees and had no landlord-tenant relationship with tenant or NYCHA. So, they had no independent rights of possession to the apartment. Tenant was allowed to remove occupants without legal process under the common law right of ouster.

Apartment occupants sued landlord NYCHA and the apartment's tenant of record for illegal lockout. They asked the court to restore them to possession. Occupants later stated that they didn't want to be restored to possession but just wanted money damages. The trial court found that occupants were tenant's licensees and had no landlord-tenant relationship with tenant or NYCHA. So, they had no independent rights of possession to the apartment. Tenant was allowed to remove occupants without legal process under the common law right of ouster. Occupants also didn't prove that they paid rent to tenant. The court ruled against occupants and dismissed the case.

Tavares v. Tavares: Index No. 32668, NYLJ No. 1564201562 (Civ. Ct. Bronx; 6/12/19; Breier, J)

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