Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Boston v. Souden

Tenant Awarded Judgment of Possession Against Landlord in Illegal Lockout Proceeding

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs