Trial Required on Whether Tenant Abandoned Apartment

April 30, 2002

LVT Number: 15763

Former tenant sued landlord, seeking restoration to his apartment. The court ruled for tenant without a trial, and landlord appealed. The appeals court reopened the case and sent it back for a trial. The lower court erred by ruling for tenant based solely on his unsworn statements and without holding a hearing. Tenant was away from the apartment for a long time and hadn't paid rent before landlord rerented to new tenant. Tenant didn't reappear until several months later. So there was a question of fact as to whether tenant abandoned the apartment.

Former tenant sued landlord, seeking restoration to his apartment. The court ruled for tenant without a trial, and landlord appealed. The appeals court reopened the case and sent it back for a trial. The lower court erred by ruling for tenant based solely on his unsworn statements and without holding a hearing. Tenant was away from the apartment for a long time and hadn't paid rent before landlord rerented to new tenant. Tenant didn't reappear until several months later. So there was a question of fact as to whether tenant abandoned the apartment.

Marrero v. NYCHA: NYLJ, 4/8/02, p. 20, col. 6 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

Topics

More like this