Landlord Can't Recover Costs of Storing Tenant's Property After Eviction

September 30, 2003

LVT Number: 16894

Landlord sued to evict tenant. The court ruled for landlord. Tenant was evicted and landlord stored property tenant left behind. Landlord then sued tenant to recover costs of storing property after eviction. The court ruled against landlord. The settlement agreement landlord and tenant signed in court before the eviction said nothing about either side's right to recover legal fees or costs. And county law intentionally contained no provision for a landlord's remedy to recover costs for removing and storing tenant's property after eviction.

Landlord sued to evict tenant. The court ruled for landlord. Tenant was evicted and landlord stored property tenant left behind. Landlord then sued tenant to recover costs of storing property after eviction. The court ruled against landlord. The settlement agreement landlord and tenant signed in court before the eviction said nothing about either side's right to recover legal fees or costs. And county law intentionally contained no provision for a landlord's remedy to recover costs for removing and storing tenant's property after eviction. So landlord had no right under law or agreement to recover these costs.

Benzev v. Bush: NYLJ, 9/24/03, p. 21, col. 4 (Dist. Ct. Nassau; Fairgrieve, J)

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