Landlord Can't Get Money Judgment Where Tenant Moved Out While Case Pending

October 26, 2023

LVT Number: #32919

Landlord sued to evict tenant for nonpayment of rent. Tenant was referred to Legal Services program for representation on the first court date, and the case was adjourned to June 29, 2023. Before the second court date, tenant moved out and surrendered possession to landlord. Tenant then asked the court to dismiss the case. Tenant argued that the court couldn't enter a money judgment if there could be no judgment of possession entered. The court agreed with tenant and dismissed the case without prejudice. Landlord could commence a separate court action for the back rent owed.

Landlord sued to evict tenant for nonpayment of rent. Tenant was referred to Legal Services program for representation on the first court date, and the case was adjourned to June 29, 2023. Before the second court date, tenant moved out and surrendered possession to landlord. Tenant then asked the court to dismiss the case. Tenant argued that the court couldn't enter a money judgment if there could be no judgment of possession entered. The court agreed with tenant and dismissed the case without prejudice. Landlord could commence a separate court action for the back rent owed.

Bolden v. MacPebble: Index No. 300875/2023, NYLJ No. 1695879107 (Civ. Ct. Richmond; 9/8/23; Slade, J)

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