Landlord Didn't Correctly Itemize Claimed Damage by Tenant

Landlord sued former tenant in small claims court for the cost of replacing damaged carpet in the apartment after tenant moved out. The court ruled for landlord and awarded him $1,150. Tenant appealed and won. In a small claims action, landlord was required to show the reasonable value of services or repairs, an itemized bill or invoice receipted or marked "paid," or two itemized estimates for services or repairs as evidence of the reasonable value and necessity of such services or repairs. But both of landlord's estimates set forth the cost to replace carpet in two rooms, even though landlord testified that the carpet was damaged in only one room. And neither of the estimates were itemized to show the cost to replace the carpet in the one room proven to be damaged. The case was dismissed.

Kinkade v. Dowbak: 59 Misc.3d 128(A), 2018 NY Slip Op 50408(U) (App. T. 2 Dept.; 3/22/18; Marano, PJ, Garguilo, Ruderman, JJ)