Tenant Unlawfully Evicted

November 1, 2004

LVT Number: 17658

Former tenant sued landlord for damages. Tenant claimed that she was unlawfully evicted and that landlord sold her possessions. Landlord claimed that tenant abandoned the apartment, and that it notified tenant under the terms of her lease that it was terminating her tenancy. The court ruled for tenant. Landlord didn't comply with tenant's lease. It didn't specify in all three written notices to tenant the date the term would end. And landlord didn't send tenant the required notices by certified mail.

Former tenant sued landlord for damages. Tenant claimed that she was unlawfully evicted and that landlord sold her possessions. Landlord claimed that tenant abandoned the apartment, and that it notified tenant under the terms of her lease that it was terminating her tenancy. The court ruled for tenant. Landlord didn't comply with tenant's lease. It didn't specify in all three written notices to tenant the date the term would end. And landlord didn't send tenant the required notices by certified mail. Landlord wasn't justified in using self-help to evict tenant and sell her belongings at auction, since she was either a tenant under a lease or an occupant in possession for more than 30 days.

Moctezuma v. Bryskin: NYLJ, 10/27/04, p. 24, col. 1 (Civ. Ct. NY; Hagler, J)

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