Landlord May Be Liable for Tenant's Property After Eviction

Former tenant sued landlord, landlord's moving company, and the city marshal after she was evicted from her rent-controlled apartment. Tenant claimed they were all negligent because some of her belongings had been damaged or stolen. Tenant had been evicted for creating a nuisance, based on the cluttered condition of the apartment. The marshal claimed he wasn't responsible because landlord had agreed to take all responsibility for tenant's property when tenant was evicted. Landlord claimed he wasn't responsible because the mover, not landlord, had removed and stored tenant's property. Tenant's belongings had been placed in 80 garbage bags and put into storage. Landlord, the marshal, and the mover all asked the court to dismiss the case without a trial. The court ruled against them. Landlord had a duty to supervise the moving company that he hired to remove tenant's belongings. The marshal had a duty to inventory tenant's property, even if he wasn't supposed to remove it. A trial was needed to determine the facts.

Minors v. Valley Storage, Inc.: NYLJ, p. 26, col. 6 (5/19/99) (Sup. Ct. NY; Bransten, J)