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Boston v. Souden

Tenant Awarded Judgment of Possession Against Landlord in Illegal Lockout Proceeding

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ORDER

*1 The Petitioner commenced this lock-out proceeding under RPAPL Section 713(10) alleging that she was in peaceable, actual possession of the premises before being removed by force or unlawful means by the Respondent. Respondent appears pro se and petitioner is represented by counsel.Respondent is the owner of the subject premises. Petitioner has resided in a room in the basement with respondent’s cousin since 2016. Petitioner made the last payment of rent in September of 2017 for the amount of $500.00 to respondent. (Petitioner’s A). On November 28, 2017, petitioner was incarcerated and he did not return to the apartment until February 28, 2018. Respondent did not know what happened to petitioner, she was informed by a family member that petitioner had not returned to the room. During the time petitioner was incarcerated several individuals tried to contact respondent and tried to pay the rent for petitioner. Respondent did not provide the information as she did not know whether or not the individuals were actually who they claimed they were on behalf of petitioner. Respondent testified after 30 days she changed the locks for her own protection, removed the belongings from petitioner’s room and stored them in her garage. Respondent acknowledged that she did not commence a proceeding against petitioner as she did not know that she could not lock out respondent and needed to commence a proceeding against him. On February 28, 2018, petitioner tired to get back into his room, but the locks were changed, he spoke to respondent who gave him his belongings and he commenced this proceeding.

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