Landlord Can't Bar Move-In of Tenant's Fiance

LVT Number: 13451

Tenant sued landlord for illegal lockout because landlord wouldn't allow her fiance to move into her apartment with her. Landlord claimed that tenant's fiance didn't comply with the building's move-in procedures and that tenant already had two other family members as roommates. The court ruled for tenant. Landlord's claim that tenant didn't follow proper move-in procedures wasn't believable. And if tenant was violating the roommate law by having too many roommates, landlord must send tenant proper notices. Landlord can't use self-help to prevent tenant from having her fiance move in.

Tenant sued landlord for illegal lockout because landlord wouldn't allow her fiance to move into her apartment with her. Landlord claimed that tenant's fiance didn't comply with the building's move-in procedures and that tenant already had two other family members as roommates. The court ruled for tenant. Landlord's claim that tenant didn't follow proper move-in procedures wasn't believable. And if tenant was violating the roommate law by having too many roommates, landlord must send tenant proper notices. Landlord can't use self-help to prevent tenant from having her fiance move in.

Shaikh v. B-U Realty Corp.: NYLJ, p. 27, col. 6 (7/14/99) (Civ. Ct. NY; Lau, J)