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Landlord & Tenant Law
Landlord Not Entitled To Lock Out Subtenant
Cooper v. Monterey 96 Street LLC 2024 WL 1513931 AppDiv, First Dept. (memorandum opinion)
In subtenant's action for wrongful eviction, landlord appealed from Supreme Court's grant of summary judgment to subtenant on the issue of liability. The Appellate Division affirmed, holding that landlord was not entitled to lock subtenant out even though landlord had not consented to the sublease.
The primary lease between landlord and tenant required tenant to obtain landlord's consent before entering into a sublease. Despite that provision, and without seeking landlord's consent, tenant sublet the premises to subtenant for a one-month period. Landlord's agent then changed the locks to the apartment and called the police to remove subtenant. Subtenant then brought a wrongful eviction action, and Supreme Court granted summary judgment to subtenant.
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