EVICTION

Evicted Tenant Excused from Settlement Default and Restored to Possession

February 21, 2019    

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant consented to the entry of a judgment of possession in landlord's favor, with execution of the warrant stayed provided she pay her rent by the...

Landlord's Termination Notice Was Defective

December 26, 2018    

Landlord, the owner of a condominium unit, sued to evict tenant because he had decided to sell the unit. Tenant claimed that landlord's predicate notice was defective and asked the court to dismiss the case. The...

Tenant Doesn't Show Fraud by New Landlord in Building Purchase

December 23, 2018    

Tenant, who was the former building owner and who sold the building to current landlord, asked the court for an injunction to prevent her eviction from the building. The court ruled against tenant, who appealed and...

Landlord Can Evict Tenant's Granddaughter for Illegal Drug Activity

November 27, 2018    

Landlord sued to evict tenant and her granddaughter based on the granddaughter's illegal drug activities at the apartment. The trial court ruled for landlord. The granddaughter appealed and lost. Landlord...

Tenant Must Pay Damages to Former Roommate She Illegally Evicted

November 27, 2018    

Former roommate sued rent-stabilized tenant for breach of contract or warranty, and illegal eviction, seized property, and obstruction of mail. She sought $15,720 in damages. Tenant had locked roommate out of the...

Court Dismisses Squatter's Claim of Improper Service of Court Papers

November 27, 2018    

Landlord sued to evict a squatter, claiming that she had no permission or right to be in the building. She had been the prior building owner, who lost the building in a foreclosure action. The squatter failed to...

Landlord Locked Out Tenant After Illegal Subtenant Moved Out

November 25, 2018    

Landlord sued to evict tenant for illegally subletting her rent-stabilized apartment. The subtenant appeared in court and agreed to move out. The settlement agreement included a final judgment of possession in...

Tenant's Licensee Can't Sue Landlord for Illegal Lockout

November 12, 2018    

Apartment occupant sued landlord, claiming that she had been illegally locked out of an apartment. The court ruled against occupant, who appealed and lost. Occupant was a Section 8 tenant of another apartment in a...

Two-Family House Owner Can't Evict Brother as Licensee

October 29, 2018    

The owner of a two-family house sued to evict her brother from a garage studio apartment at the building. The owner claimed that the brother was a licensee. He had lived in the house since his teenage years, except...

Landlord Can Evict Occupants After Tenant Defaults in Nonpayment Proceeding

October 22, 2018    

Landlord sued to evict tenant for nonpayment of rent. After tenant failed to answer or otherwise appear in court, the court entered a default judgment against tenant and "all other persons" residing in the...

Landlord's Chronic Nonpayment Claim Against Tenant Dismissed

September 25, 2018    

Landlord sued to evict rent-stabilized tenant for violating a substantial tenancy obligation through chronic nonpayment of rent. Landlord claimed that it had started seven nonpayment proceedings against tenant...

Co-op Didn't Get Board Approval Before Seeking Eviction of Shareholder Tenant

August 11, 2018    

Landlord cooperative corporation sued to evict shareholder tenant for noncureable objectionable conduct. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord failed to...