Tenant Lawyer NYC Criminal Trespass Conviction

The tenant resided in a mixed use property in New York that included a ground level storefront and a second floor residence. The tenant maintained a written lease that remained valid at the time of the property transfer. The new owner acquired title but did not lawfully terminate the existing tenancy. Under New York Real Property Law and established landlord tenant principles, a purchaser takes title subject to valid leasehold interests. The tenant retained lawful possession despite the ownership change.

The new owner entered the second floor residential unit using construction equipment. The entry occurred without judicial process and without tenant consent. The owner removed interior fixtures and partially demolished structural elements. The conduct interfered with the tenant’s possessory rights and caused measurable damage. The incident was reported to local law enforcement in New York.

New York Penal Law Article 140 governs burglary and related offenses. Criminal Trespass in the Third Degree under New York Penal Law § 140.10 occurs when a person knowingly enters or remains unlawfully in a building. A residential unit qualifies as a building under § 140.00. Because the tenant maintained lawful occupancy, the owner’s entry without privilege satisfied the unlawful element. Ownership alone does not grant immediate self help rights when a tenant holds a valid lease.

New York Penal Law § 145.00 defines Criminal Mischief in the Fourth Degree as intentionally damaging the property of another. Leasehold interests are recognized property rights under New York law. When the owner demolished interior portions of the occupied unit, the damage affected the tenant’s possessory property interest. Prosecutors also considered whether the conduct constituted additional offenses depending on damage valuation. The court ultimately sustained misdemeanor level charges.

The tenant produced the executed lease agreement, payment records, and utility documentation. These materials demonstrated continuous possession. The court evaluated whether the defendant possessed legal authority to enter. The absence of a court ordered eviction under the New York Real Property Actions and Proceedings Law confirmed that no lawful repossession occurred. The prosecution established that self help eviction methods are prohibited in New York.

The Criminal Court of the City of New York entered a conviction for misdemeanor offenses. The judge imposed a monetary fine in the amount of three thousand dollars. The court emphasized that property owners must pursue lawful eviction proceedings rather than unilateral action. The sentence reflected the seriousness of interfering with a tenant’s right to quiet enjoyment and lawful possession.

New York law prohibits landlords from using force or unlawful entry to remove tenants. The proper remedy requires commencement of a summary proceeding under the New York Real Property Actions and Proceedings Law § 711. When an owner bypasses judicial process, criminal exposure may arise under New York Penal Law Article 140, including § 140.10, or Article 145, including § 145.00. Tenants may also seek civil damages and injunctive relief.

Legal counsel evaluates lease enforceability, documentation of occupancy, physical evidence of entry, and witness testimony. Attorneys coordinate with prosecutors when criminal statutes apply. A NYC tenant lawyer can also advise on parallel housing court remedies, repair claims, and damage recovery. Our firm can assist tenants throughout New York who encounter unlawful entry, coercive tactics, or property destruction.