Tenant Not Illegally Locked Out of Abandoned Apartment

March 1, 2009

LVT Number: #21069

Tenant sued landlord, claiming illegal eviction seven months after landlord changed the apartment locks. The court ruled against tenant and dismissed her claim. Tenant appealed and lost. By the time landlord changed the locks in December 2006, tenant had removed her belongings from the apartment, hadn't paid rent for a year, and had stopped paying for cable and utility service for the apartment. Tenant also waited seven months to seek restoration to the apartment, and admitted that she had been unable to find a new apartment. These facts showed that tenant had abandoned the apartment.

Tenant sued landlord, claiming illegal eviction seven months after landlord changed the apartment locks. The court ruled against tenant and dismissed her claim. Tenant appealed and lost. By the time landlord changed the locks in December 2006, tenant had removed her belongings from the apartment, hadn't paid rent for a year, and had stopped paying for cable and utility service for the apartment. Tenant also waited seven months to seek restoration to the apartment, and admitted that she had been unable to find a new apartment. These facts showed that tenant had abandoned the apartment. Therefore, there was no illegal eviction.

Witlow v. Kip's Bay JV LLC: NYLJ, 2/26/09, p. 36, col. 4 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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