Tenants Didn't Abandon Apartment

September 30, 2002

LVT Number: 16111

Tenants sued landlord for illegal eviction. The owner had changed the locks of an apartment after the superintendent visited the apartment to repair a leak and noticed that the apartment had no furnishings. Tenants returned to the apartment two days later and couldn't get in because the locks had been changed. Landlord claimed that tenants had abandoned or surrendered the apartment. The court ruled for tenants and directed landlord to restore them to possession. Removal of furniture, alone, doesn't show the apartment was abandoned.

Tenants sued landlord for illegal eviction. The owner had changed the locks of an apartment after the superintendent visited the apartment to repair a leak and noticed that the apartment had no furnishings. Tenants returned to the apartment two days later and couldn't get in because the locks had been changed. Landlord claimed that tenants had abandoned or surrendered the apartment. The court ruled for tenants and directed landlord to restore them to possession. Removal of furniture, alone, doesn't show the apartment was abandoned. And tenants hadn't surrendered possession of the apartment because the lease required that all notices be in writing. Tenants hadn't given landlord written notice of a surrender.

Malik v. Hillside Clearview Apts. Realty LLC: NYLJ, 9/4/02, p. 22, col. 3 (Civ. Ct. Queens; Brown, J)

Topics

More like this