Tenant Never Surrendered Possession of Apartment

August 31, 1999

LVT Number: 13473

Landlord sued to evict remaining apartment occupant after rent-stabilized tenant and her daughter had moved out. Tenant claimed she hadn't moved out. She was staying somewhere else for a while after her son was shot and killed near the apartment. Also, she worked as a live-in health aide and came home to the apartment only on weekends. The court ruled against landlord. Although tenant's daughter had moved out, tenant never surrendered possession of her apartment. So landlord's claim that tenant and her daughter had vacated and surrendered was incorrect.

Landlord sued to evict remaining apartment occupant after rent-stabilized tenant and her daughter had moved out. Tenant claimed she hadn't moved out. She was staying somewhere else for a while after her son was shot and killed near the apartment. Also, she worked as a live-in health aide and came home to the apartment only on weekends. The court ruled against landlord. Although tenant's daughter had moved out, tenant never surrendered possession of her apartment. So landlord's claim that tenant and her daughter had vacated and surrendered was incorrect.

Tulloch v. ''John Doe'': NYLJ, p. 24, col. 6 (8/4/99) (Civ. Ct. Kings; Finkelstein, J)

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