Is Landlord Responsible for Property Damage Due to Bedbug Infestation?

Tenant sued landlord in small claims court, claiming that landlord caused $5,000 in damages to her personal property due to a bedbug infestation in her apartment. The court ruled for tenant in part and awarded her $2,000.

Landlord appealed, and the case was reopened. Tenant had claimed breach of the warranty of habitability but consequential damages aren't recoverable on such a claim. And tenant didn't prove that landlord had caused the infestation or had failed to act with reasonable diligence after being advised of the condition by tenant. Tenant also didn't present sufficient proof of her claimed property damage. Tenant's claimed damages weren't based on the value of the discarded furniture immediately before its loss, but instead were based on purchase receipts for new furniture. So the judgment for tenant failed to provide both sides with "substantial justice."

But, since the court's statements to tenant during trial may have led her to believe that she didn't have to prove liability and that her damages could be based on the value of any new items purchased, a new trial was required.

Harvey v. Proto Property Services: 63 Misc.3d 165(A), 2019 NY Slip Op 50946(U) (App. T. 2 Dept.; 6/7/19; Pesce, PJ, Aliotta, Elliott, JJ)