Tenant Waited Too Long to Claim Illegal Lockout

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.) Landlord and tenant signed an out-of-court agreement in 2005 by which tenant relocated temporarily to another building while landlord performed renovations at tenant's building. Landlord agreed to pay tenant's relocation costs, and to pay more than half of tenant's monthly rent in the other apartment. The agreement gave tenant the right to move back into a newly renovated three-bedroom apartment at $800 per month when renovations were complete. In 2011, tenant sued landlord, claiming illegal lockout because landlord never restored her to her apartment. Tenant said she was threatened with eviction from her temporary apartment because that building was going into foreclosure. The court ruled against tenant. Tenant's former apartment no longer existed. Landlord had offered tenant several different, admittedly smaller, apartments when renovations were done. Landlord also agreed to continue to subsidize tenant's rent at the other building until 2009 if she chose none of the offered apartments. Tenant claimed that landlord deceived her, but she waited five years before taking any court action. Tenant may be able to sue landlord for breach of contract, but there were no grounds to find illegal lockout.

Dent v. Tully: Index No. 53437/2011 (Civ. Ct. Kings; 3/25/11; Ofshtein, J) [4-pg. doc.]