Tenant Illegally Locked Out Subtenant

LVT Number: #31839

Subtenant sued tenant, claiming that she had illegally locked him out of the apartment. At trial, the subtenant proved he had been in exclusive possession of the apartment under a subtenancy arrangement since late 2016. He paid monthly rent to tenant of either $1,100 or $1,300. The subtenant later learned that this amount was more than eight times the legal rent that tenant paid to landlord NYCHA. A neighbor credibly testified that the subtenant lived next door to her for at least four years.

Subtenant sued tenant, claiming that she had illegally locked him out of the apartment. At trial, the subtenant proved he had been in exclusive possession of the apartment under a subtenancy arrangement since late 2016. He paid monthly rent to tenant of either $1,100 or $1,300. The subtenant later learned that this amount was more than eight times the legal rent that tenant paid to landlord NYCHA. A neighbor credibly testified that the subtenant lived next door to her for at least four years. She hadn't seen tenant until early 2021, and the tenant told her she was subletting the unit to the subtenant. The subtenant also credibly testified that on Nov. 23, 2021, tenant forcibly removed him from the unit by breaking in, drilling a hole into the entrance door lock, and placing a door chain up while she barricaded herself inside. This wasn't the first time tenant had locked the subtenant out. On this last occasion, the police showed up and the subtenant agreed that he was going to leave after taking some personal property from the unit, and returning the next day to retrieve the rest.

The court didn't believe tenant, who claimed she had no agreement with subtenant but merely gave him a key to give access to NYCHA while she was away on mission work. Tenant also claimed that subtenant made Venmo or PayPal payments to her as donations for health and wellness services she provided.

The trial court ruled against the subtenant and dismissed the case, only because he had waived his claim to be restored to possession by moving out. The court noted that this dismissal was without prejudice to any other rights the subtenant may have against tenant for related claims. 

Vatel v. Wills: Index No. L&T10141/21, 2022 NY Slip Op 22013 (Civ. Ct. NY; 1/21/22; Ortiz, J)