Landlord Must Pay for Damage to Tenant's Personal Property

January 28, 2019

LVT Number: #29878

Tenant sued landlord for damage to her personal property, as well as reimbursement for missing property. Tenant had been evicted as a result of an eviction proceeding based on nonpayment of rent but claimed that she hadn't received notice before the eviction. She filed an order to show cause immediately, and the court at first directed landlord to let tenant into the apartment to remove her possessions. A bit later, landlord and tenant settled the case, and tenant was restored to possession. Tenant found some furniture moved by landlord had been damaged and some items were missing.

Tenant sued landlord for damage to her personal property, as well as reimbursement for missing property. Tenant had been evicted as a result of an eviction proceeding based on nonpayment of rent but claimed that she hadn't received notice before the eviction. She filed an order to show cause immediately, and the court at first directed landlord to let tenant into the apartment to remove her possessions. A bit later, landlord and tenant settled the case, and tenant was restored to possession. Tenant found some furniture moved by landlord had been damaged and some items were missing. The court ruled for tenant, finding that landlord had removed property in violation of a stay the court had imposed on moving tenant's belongings. Landlord was ordered to pay tenant $1,627 in damages.

Daniels v. Rose 215 LLC: Index No. 1519/18, NYLJ No. 1545038791 (Civ. Ct. Bronx; 11/8/18; Kraus, J)

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