Landlord Illegally Removed Co-Tenant's Possessions

Landlord sued to evict one of two co-tenants who didn't pay his half of the rent. The court ruled for landlord and an eviction warrant was issued for tenant Poinvil only. Poinvil moved out. Shortly thereafter, landlord entered the apartment without notice and removed all of tenant Annivan's property. Annivan sued landlord in small claims court for $3,000, even though his property was worth more. Tenant Annivan also asked the court to assess triple damages against landlord. In response, landlord correctly claimed that tenant was responsible for the back rent that Poinvil owed since both tenants were named jointly on the lease. The court ruled that tenant had a choice of how to proceed. If the case stayed in small claims court, the court could only award tenant $3,000. Small claims court had no authority to award triple damages. And tenant would have to pay landlord $2,640 in back rent. Tenant could instead choose to have the case transferred to civil court where he could claim more damages and get triple damages. Tenant was given 30 days to inform the court in writing of his choice.

Annivan v. Listen Realty Corp.: NYLJ, p. 28, col. 5 (1/8/97) (Sup. Ct. Westchester; Selden, J)