Tenant Must Be Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord based on tenant's default and issued an order allowing landlord to evict tenant. After tenant received the 72-hour eviction notice, tenant asked the court to delay the eviction. Tenant claimed she didn't answer the nonpayment petition because she'd paid the rent. The court ruled against tenant, and she was evicted. After eviction, tenant asked the court to restore her to possession. Landlord claimed that all issues had already been decided and that there was no legal basis for tenant's new claim. The court decided to hear tenant's argument because she may have paid the rent due before the eviction and because there was no written court decision explaining why her last request to delay the eviction was denied. Tenant showed that she'd paid rent to landlord before the court date. The court ruled for tenant. Tenant reasonably believed that the court appearance was unnecessary since she'd mailed landlord rent checks. Landlord was ordered to let tenant move back into the apartment.

Siafakas v. Danzy: NYLJ, p. 31, col. 6 (6/18/97) (Civ. Ct. Kings; Thomas, J)