Tenant Illegally Evicted

February 1, 1998

LVT Number: 12131

Former tenant sued landlord for refund of his security deposit, claiming that he was illegally evicted. The small claims court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Tenant's lease was due to expire in August 1996. Tenant moved furniture out of his apartment in May 1996. Landlord immediately changed the locks to tenant's apartment, even though tenant had paid May 1996 rent and hadn't told landlord that he was moving out. Since tenant had paid his rent for that month and wasn't in breach of his lease, landlord's eviction of tenant was illegal.

Former tenant sued landlord for refund of his security deposit, claiming that he was illegally evicted. The small claims court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Tenant's lease was due to expire in August 1996. Tenant moved furniture out of his apartment in May 1996. Landlord immediately changed the locks to tenant's apartment, even though tenant had paid May 1996 rent and hadn't told landlord that he was moving out. Since tenant had paid his rent for that month and wasn't in breach of his lease, landlord's eviction of tenant was illegal. So tenant didn't have to pay rent for any period after he was evicted. Tenant could also get damages. The court awarded tenant his full $2,500 security deposit, as well as $300 as a refund of rent paid for the last week of May.

Standley v. Bernstein: NYLJ, p. 24, col. 4 (1/5/98) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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