Tenant Illegally Locked Out Roommate and Must Permit Re-Entry

A roommate sued tenant, claiming that tenant illegally locked him out of the apartment they shared. Tenant claimed that the roommate had just crashed for two weeks on a couch in the living room and had no rights to re-entry. The court disagreed and ruled for the roommate. The roommate presented an email chain showing he agreed to pay tenant $680 per month between August 2020 and June 2021. Tenant also admitted that he changed the locks to prevent the roommate from re-entering the unit. A text message exchange between the parties also constituted a series of written communications that made it possible for them to enter into a landlord/tenant relationship. The court found there was a mutual intent to create a landlord/tenant relationship. And since tenant initiated the roommate's relocation from one room in the building to another, he can't evict the roommate by self-help. The court ordered tenant to give the roommate a key to re-enter the apartment.

Fisher v Burke: Index No. 50204/2021, 2021 NY Slip Op 50828, NYLJ No. 1631640204 (Civ. Ct. Kings; 9/7/21; Stoller, J)