Insight

Landlord-Tenant—Airbnb Occupant Overstayed Reservation—Went from Being Illegal Subtenant to Trespasser After He Surrendered the Apartment—Court Enjoined Occupant from Using the Premises

Landlord-Tenant—Airbnb Occupant Overstayed Reservation—Went from Being Illegal Subtenant to Trespasser After He Surrendered the Apartment—Court Enjoined Occupant from Using the Premises

Adam Leitman Bailey

Adam Leitman Bailey

July 28, 2021 10:37 AM

This decision involved a rent stabilized apartment which had a legal rent of $2,765 per month. The tenant violated the lease by renting the apartment through Airbnb to the defendant occupant (occupant). The occupant apparently “overstayed his booking.” The landlord moved to exclude the occupant from the apartment and to set past use and occupancy.

Although no opposition had been submitted on the motion, the court conducted a conference call. The occupant “represented that he wanted to depart the premises at the end of October and was willing to pay $2,100 a month in past and future use and occupancy through October 31, 2020. On or about October 2, 2020, the occupant represented to the court that he had already vacated the apartment and had checked into a hotel. He stated that he would eventually need to retrieve certain belongings that he had left in the apartment.

Based on the occupant’s representation that he had surrendered the apartment, the landlord “apparently changed the locks.” Thereafter the occupant “changed his mind and returned to the subject surrendered subject apartment because he was having trouble paying for a hotel.”

The court stated that “even if (occupant) had not already been a trespasser upon overstaying his booking through Airbnb (and also having no written sublease), he certainly transitioned from being, at best, an illegal subtenant to a trespasser once he surrendered the subject apartment, a representation he made to the court.”

Accordingly, the court granted the plaintiff’s motion and the occupant was preliminary enjoined for using and occupying the premises. The court further held that the plaintiff is permitted to change the locks to prevent continued illegal occupancy.

Comment: Adam Leitman Bailey, attorney for the plaintiff, stated that the tenant had illegally “Airbnb’d his apartment to someone believed to be dealing drugs from the apartment with no intent to ever leave.” As the tenant had returned from Spain, there was no pressure to apply to him and “any kind of normal eviction proceeding would have taken most of a year under the current slog through the court systems under pandemic shutdowns.” Therefore, since “the entire arrangement was illegal from the start,” Bailey went to Supreme Court to obtain an injunction against the illegal activity, “which would have the effect of evicting the illegal subtenant without going through a marshal or sheriff to perform an actual eviction.” He noted that the court understood that the landlord was seeking to “get around the governor’s lockdown on all evictions.” However, the court understood that the occupant “was not only a criminal, but was lying to the court and therefore the court issued the injunction and the tenant packed up his bags.

Trending Articles

Whistleblower Legislation Opens the Doors for More International Claims


by Justin Smulison

An Anti-Money Laundering Act, part of a recently passed Omnibus Budget in the U.S. Senate, is expanding protection for whistleblowers both domestically and internationally.

Shadow figure in spotlight against red and blue brick wall

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Best Lawyers Voting Is Now Open


by Best Lawyers

Voting has begun in several countries across the globe, including the United States, the United Kingdom and Europe. Below we offer dates, details and answers to voting-related questions to assist with the voting process.

Hands holding smartphone with five stars above phone

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Rising Transfer Taxes


by Angus C. Beverly

Transfer taxes in California are becoming a statewide trend with potentially national implications. Here is a breakdown of the effects in several cities.

State of California in orange with city in backdrop

Could Reign Supreme End with the Queen?


by Sara Collin

Canada is revisiting the notion of abolishing the monarchy after Queen Elizabeth II’s passing, but many Canadians and lawmakers are questioning if Canada could, should and would follow through.

Teacup on saucer over image of Queen's eye

Announcing The Best Lawyers in Australia™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from Australia.

The Best Lawyers in Australia™ 2023

Famous Songs Unprotected by Copyright Could Mean Royalties for Some


by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?

Announcing the 2023 The Best Lawyers in Canada Honorees


by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Caffeine Overload and DUI Tests


by Daniel Taylor

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Can Caffeine Cause You to Fail DUI Test?

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

IN PARTNERSHIP

2022: Another Banner Year


by John Fields

Block O’Toole & Murphy continues to secure some of New York’s highest results for personal injury matters.

Three men in business suits standing in office