Landlord Can Use Self-Help to Evict Nontenant

December 1, 1995

LVT Number: 10168

Apartment squatter sued landlord, asking the court to permit her to move back into the apartment. The court ruled for squatter, and landlord appealed. The appeals court reversed and ruled for landlord. Landlord evicted squatter from an apartment she occupied for two weeks. No force was used. Peaceful self-help is permitted in the eviction of nontenants. And squatter didn't show that she had any claim to the apartment or had been invited to stay there by anyone.

Apartment squatter sued landlord, asking the court to permit her to move back into the apartment. The court ruled for squatter, and landlord appealed. The appeals court reversed and ruled for landlord. Landlord evicted squatter from an apartment she occupied for two weeks. No force was used. Peaceful self-help is permitted in the eviction of nontenants. And squatter didn't show that she had any claim to the apartment or had been invited to stay there by anyone.

Almonte v. City of New York: NYLJ, p. 28, col. 6 (11/29/95) (Sup. Ct. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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