EVICTION

Landlord Improperly Sued to Evict Shareholder Tenant as Licensee After Foreclosure

April 28, 2017    

Landlord cooperative corporation sued to evict shareholder tenant after recovering the apartment in a nonjudicial foreclosure after tenant failed to make maintenance payments. Landlord started the case by sending...

Tenant Didn't Pay “Use and Occupancy” While Eviction Case Pending

April 27, 2017    

Landlord sued to evict tenant for nonprimary residence. While the case was pending, landlord and tenant signed a court-ordered agreement that tenant would pay monthly use and occupancy or else landlord could evict...

Court Excuses Tenant's Default on Agreement to Cure Chronic Nonpayment of Rent

April 24, 2017    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to start six nonpayment proceedings against tenant between 2012 and 2015. Landlord and tenant signed a...

Mother Can't Evict Daughter Since There Was No Landlord/Tenant Relationship

March 30, 2017    

A mother sued to evict her daughter from a single-family home that she owned. The court found that there was no landlord-tenant relationship and dismissed the case. The daughter moved in with the mother in 1999,...

Landlord Properly Evicted Apartment Visitor

March 29, 2017    

Tenant’s visitor sued landlord, claiming that she was unlawfully evicted from tenant’s apartment. The court ruled against the visitor, who appealed and lost. The visitor was a mere licensee and not...

Tenant Unlawfully Evicted Must Be Restored to Possession

March 28, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, based on oral rent demand. The court ruled for landlord, and tenant was evicted after not appearing in court. She then asked the court to be...

Tenant Can't Evict Her Sister Since There's No Landlord-Tenant Relationship

March 28, 2017    

Tenant sued to evict her sister from her apartment, claiming that the sister was a licensee. The sister asked the court to dismiss the case. The court ruled for the sister, finding that it was improper to maintain a...

Tenant Was Illegally Locked Out of Apartment

February 27, 2017    

Tenant sued landlord, claiming illegal lockout from his apartment. Tenant had lived in the apartment for 12 years under an oral agreement. One day while tenant was outside the apartment, landlord changed the locks...

Landlord Can't Evict Tenant from Illegal Apartment Absent DOB Violation

February 27, 2017    

Landlord sued to evict tenant who occupied an illegal basement apartment. Landlord claimed that DOB issued a violation finding that there was an illegal conversion to residential space, contrary to the building...

Condo Board Can Eject Nonpaying Unit Owner in Foreclosure Action

February 21, 2017    

Condominium board sued unit owner in foreclosure action for unpaid common charges. The court granted the board’s request for appointment of a receiver, and then granted the receiver’s request for a writ...

Landlord Can Evict Tenant Who Sought to Delay Execution of Eviction Warrant 10 Times

February 21, 2017    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant Had No Reasonable Excuse for Failing to Appear in Court

January 25, 2017    

Landlord sued to evict tenant. When tenant failed to appear in court on an adjourned trial date, the court held an inquest and ruled for landlord. Tenant later asked the court to vacate the default judgment. The...