Appellate Division of the Supreme Court of New York, First Department · 2019 · Property
PropertyLandlord and tenantEvictionRent liabilityactual evictionlockoutchanged lockstenant possession
Facts
The landlords changed the locks on the leased premises. They required that the tenant's counsel, rather than the tenant, maintain control over the key. They also required the tenant to obtain approval before it could get the key from its own counsel. At trial, the court limited the landlords' recovery to rent due before the tenant was locked out.
Issue
Did the landlords' conduct in changing the locks and restricting the tenant's access to the key constitute an actual eviction, thereby limiting the landlords' rent recovery to the period before the lockout?
Rule
Where a landlord changes the lock or padlocks the door, there is an actual eviction. A landlord's retention or control of access to the premises through the key, coupled with requiring tenant approval procedures to regain access, constitutes an eviction.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Brooklyn, Lena Ortiz leased a warehouse from Harbor Crest Holdings for a three-year term. After a rent dispute, Harbor Crest replaced the entry locks and kept the only new key in its office, telling Lena she could enter only if a manager was present to unlock the door for her.
If Harbor Crest later sues Lena for rent accruing after the lock replacement, what is the strongest argument against recovery of that later rent?
Explanation. The majority rule is that where a landlord changes the lock or padlocks the door, there is an actual eviction. The same is true when the landlord controls the key so the tenant's access is no longer under the tenant's control. Because actual eviction cuts off rent after the lockout, the landlord may recover only rent due before that event.