Commercial Division Blog

Posted: June 1, 2019 / Categories Commercial, Real Property

Landlord Changing Locks Constitutes Eviction

On May 30, 2019, the First Department issued a decision in Mauray Realty Co. v. Advantage Plastics, Inc., 2019 NY Slip Op. 04299, holding that a landlord changing the locks on a premises constitutes an actual eviction, explaining:

Although plaintiffs landlords argue that changing the locks did not amount to an eviction, the Court of Appeals states plainly in Barash v Pennsylvania Term. Real Estate Corp. (26 NY2d 77 [1970]), where the landlord changes the lock, or padlocks the door, there is an actual eviction. The evidence at trial showed that the landlords changed the locks, demanded that the tenant's counsel and not tenant maintain control over the key, and further demanded that the tenant seek approval before being permitted to obtain the key from its own counsel, thus constituting an eviction.

(Internal quotations and citations omitted).

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