Eviction Against Deceased Tenant Deemed Illegal

April 30, 2001

LVT Number: 14926

Landlord sued to evict tenant. Landlord claimed that the apartment was vacant, and tenant didn't appear in court. The court ruled for landlord and issued an eviction warrant. Nine months later, after new tenant had moved in, tenant's estate asked the court to reopen the case and vacate the judgment and warrant. The estate showed that at the time landlord started the eviction case it knew that tenant was dead and had the address of the estate representative. Landlord claimed that the estate acted too late. The court ruled for the estate. Landlord's eviction was illegal.

Landlord sued to evict tenant. Landlord claimed that the apartment was vacant, and tenant didn't appear in court. The court ruled for landlord and issued an eviction warrant. Nine months later, after new tenant had moved in, tenant's estate asked the court to reopen the case and vacate the judgment and warrant. The estate showed that at the time landlord started the eviction case it knew that tenant was dead and had the address of the estate representative. Landlord claimed that the estate acted too late. The court ruled for the estate. Landlord's eviction was illegal. The court vacated the judgment and eviction warrant.

1111 Realty Assoc. v. ``Doe'': NYLJ, 4/4/01, p. 23, col. 4 (Civ. Ct. Kings; Marton, J)

Topics

More like this