Court Awards Former Tenant Damages to Replace Personal Property Landlord Threw Out

October 28, 2024

LVT Number: #33435

Former tenant sued landlord, claiming damage to, destruction of, and loss of personal property that he claimed landlord removed from tenant's apartment and threw in the garbage left out for street collection. Tenant said he recovered only a few of his belongings. Landlord apparently admitted that this was done, claiming that it was entitled to dispose of any personal items left in the apartment after noon on the last day of tenant's lease. There was no support for this action in the parties' lease.

Former tenant sued landlord, claiming damage to, destruction of, and loss of personal property that he claimed landlord removed from tenant's apartment and threw in the garbage left out for street collection. Tenant said he recovered only a few of his belongings. Landlord apparently admitted that this was done, claiming that it was entitled to dispose of any personal items left in the apartment after noon on the last day of tenant's lease. There was no support for this action in the parties' lease. Landlord short-circuited tenant's move-out by casting his belongings into the street. The court awarded tenant $2,094 for replacement costs proven by tenant, together with costs, disbursements, and interest.

Smith v. Union Residence LLC: Index No. SC-001464-24 (Civ. Ct. NY; 9/6/24; Krist, J)

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