Tenant Evicted on Default Seeks Restoration to Re-rented Apartment

July 23, 2015

LVT Number: #26303

Landlord sued to evict rent-controlled tenant for unauthorized subletting. The court ruled for landlord based on tenant’s failure to appear in court. Landlord recovered and re-rented the apartment. Tenant later asked the court to be restored to possession. He had been in prison at the time of the court date he missed. The court vacated the default judgment and eviction warrant. In addition, the court agreed with tenant that his lease wasn’t properly terminated, because landlord failed to give him a 30-day notice.

Landlord sued to evict rent-controlled tenant for unauthorized subletting. The court ruled for landlord based on tenant’s failure to appear in court. Landlord recovered and re-rented the apartment. Tenant later asked the court to be restored to possession. He had been in prison at the time of the court date he missed. The court vacated the default judgment and eviction warrant. In addition, the court agreed with tenant that his lease wasn’t properly terminated, because landlord failed to give him a 30-day notice. The petition was dismissed, and a hearing was set to determine whether tenant should be restored to possession of the apartment.

 

 
46 Downing Street LLC v. Thompson: Index No. 81450/2009, NYLJ No. 1202728631827 (Civ. Ct. NY; 5/26/15; Wendt, J)

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