Landlord Must Reimburse Tenant After Self-Help Eviction

LVT Number: #31246

Former tenant sued landlord for reimbursement of damages after landlord evicted tenant using self-help. Landlord and tenant entered an oral agreement for the apartment, and tenant paid landlord $600 for the first month's rent, along with a $600 security deposit. Within a few weeks, landlord moved all of tenant's property out of the apartment and delivered it to the roadside of a Bronx location. Tenant claimed that landlord damaged his TV in the process. Landlord claimed that tenant threatened her and she had to get him out of the apartment.

Former tenant sued landlord for reimbursement of damages after landlord evicted tenant using self-help. Landlord and tenant entered an oral agreement for the apartment, and tenant paid landlord $600 for the first month's rent, along with a $600 security deposit. Within a few weeks, landlord moved all of tenant's property out of the apartment and delivered it to the roadside of a Bronx location. Tenant claimed that landlord damaged his TV in the process. Landlord claimed that tenant threatened her and she had to get him out of the apartment. When this happened in August 2020, during the COVID pandemic, landlord was unable to seek relief in court due to the eviction moratorium. Landlord also didn't go to the police for assistance. Noting that self-help eviction isn't permissible, the court ordered landlord to refund $800 to tenant, deducting $400 for use and occupancy based on the 20 days tenant occupied the unit. Tenant submitted no proof supporting his claim concerning the TV damage.

Reid v. Ndiaye: Index No. 0897-20, 2021 NY Slip Op 50056(U)(City Ct. Mt. Vernon; 1/29/21; Seiden, J)