Landlord Must Restore Tenant He Illegally Locked Out

LVT Number: #30783

Tenant sued landlord, claiming illegal lockout. Landlord claimed that tenant had voluntarily surrendered possession of the apartment. Tenant said that she was locked out on several occasions through December 2019 and January 2020. She required police assistance to get back in. Landlord had also gone into the unit and demolished walls. The court ruled for tenant. There was no proof that tenant surrendered possession. And landlord changed locks and made tenant's room uninhabitable, without commencing a legal eviction proceeding. Landlord must restore tenant to possession.

Tenant sued landlord, claiming illegal lockout. Landlord claimed that tenant had voluntarily surrendered possession of the apartment. Tenant said that she was locked out on several occasions through December 2019 and January 2020. She required police assistance to get back in. Landlord had also gone into the unit and demolished walls. The court ruled for tenant. There was no proof that tenant surrendered possession. And landlord changed locks and made tenant's room uninhabitable, without commencing a legal eviction proceeding. Landlord must restore tenant to possession.

Nixon v. Henry: 2020 NY Slip Op 50416(U), NYLJ No. 1587403247 (Civ. Ct. Queens; 3/10/20; Sanchez, J)