EVICTION

Landlord Doesn't Prove Notice Was Delivered to Tenant

February 22, 2016    

Landlord sued to evict tenant after sending tenant a lease nonrenewal notice. Tenant claimed that he didn’t receive the nonrenewal notice. The court ruled for tenant and dismissed the case. Landlord appealed...

Executor Gets Order to Oust Deceased Co-op Tenant’s Brother

February 18, 2016    

Executor sought possession of cooperative apartment and the corresponding shares after co-op tenant died, along with an order directing tenant’s brother to vacate the apartment and pay use and occupancy. The...

Landlord Can't Evict Occupant with Life Estate in Apartment

February 18, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had no standing to bring the case. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant had a life...

Termination Notice Didn't Give Section 8 Tenants Chance to Discuss Issue

February 18, 2016    

Landlord sued to evict HUD Section 8 tenants for violating their lease. Landlord claimed that tenants failed to disclose on their 2014 income recertification that their daughter and grandchild lived in the apartment...

Court Reinstates Disabled Tenant After Eviction

February 18, 2016    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant obtained seven delays of the eviction over a two-year period, claiming that he would pay the...

Landlord Accepted Rent Between Termination Date and Service of Holdover Petition

February 16, 2016    

Landlord sued to evict month-to-month tenant after sending tenant a 30-day nonrenewal notice. When landlord subsequently sued to evict tenant, tenant asked the court to dismiss the case. Tenant claimed that landlord...

Tenant Didn't Exclude Occupant Who Engaged in Criminal Activity

February 16, 2016    

Landlord NYCHA terminated tenant’s tenancy after finding that tenant violated a permanent exclusion agreement. Tenant signed that agreement in 2009. NYCHA and tenant agreed that, in exchange for preservation of...

Roommate Can't Vacate Settlement Agreement

January 27, 2016    

Landlord sued to evict tenant and other apartment occupant. Landlord and tenant’s roommate signed a settlement agreement in court by which the roommate agreed to vacate by a certain date. The roommate later...

Tenant Who Made Unauthorized Apartment Renovations Can Be Evicted

January 27, 2016    

Landlord cooperative corporation sued to evict shareholder tenant for making unauthorized renovations to her apartment. The parties signed a settlement agreement in court by which tenant agreed to hire a licensed and...

Landlord Can Evict Tenant After Repeated Defaults

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord got a judgment and warrant with execution stayed while tenant was to make payments by certain...

Tenant and Family Were Properly Evicted Under Warrant

November 19, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, entered a final judgment of possession and approved an eviction warrant. Tenant and a family member were then...

Landlord Without Valid Deed Can't Evict Tenant

October 23, 2015    

Landlord sued to evict month-to-month tenant from one-family house. The “tenant” claimed that he had rented the house from prior landlord under a 10-year lease with an option to renew or purchase the...