Landlord Liable for Property Removed from Tenant's Apartment

LVT Number: 15282

Facts: Tenant sued landlord for damages. Tenant paid all rent due through May 1999 but was away from the apartment for some time while hospitalized. When he returned, he found landlord had removed and disposed of all of his personal property in the apartment. Landlord had never started a legal action against tenant and hadn't sent him an eviction notice. Court: Tenant wins. The court found that landlord owed tenant $19,000 in damages. Tenant's property included irreplaceable artwork and books from Egypt. Tenant provided reliable estimates of the value of these items.

Facts: Tenant sued landlord for damages. Tenant paid all rent due through May 1999 but was away from the apartment for some time while hospitalized. When he returned, he found landlord had removed and disposed of all of his personal property in the apartment. Landlord had never started a legal action against tenant and hadn't sent him an eviction notice. Court: Tenant wins. The court found that landlord owed tenant $19,000 in damages. Tenant's property included irreplaceable artwork and books from Egypt. Tenant provided reliable estimates of the value of these items. Tenant also lost household appliances, equipment, and clothing. By law, tenant was entitled to triple that amount based on landlord's illegal seizure of his apartment and property. But since tenant sued landlord in Civil Court instead of Supreme Court, his total award was limited to $25,000, and the court granted him that amount.

Kiros v. St. Stephen's Bible College Realty Mgmt.: NYLJ, 9/26/01, p. 18, col. 6 (Civ. Ct. NY; Billings, J)