Tenant Didn't Prove Property Damage from Bedbugs

May 31, 2011

LVT Number: #23409

Former tenant sued landlord in small claims court for damage to personal property resulting from a bedbug infestation. The court ruled for tenant and awarded her $3,800. Landlord appealed and won. Tenant had been evicted for nonpayment of $6,500. She claimed that before the eviction, her apartment had to be exterminated repeatedly for bedbugs, and she had to discard her furniture. But while tenant presented receipts for the cost of replacement furniture, she produced no proof of the cost, age, or present value of the furniture she discarded.

Former tenant sued landlord in small claims court for damage to personal property resulting from a bedbug infestation. The court ruled for tenant and awarded her $3,800. Landlord appealed and won. Tenant had been evicted for nonpayment of $6,500. She claimed that before the eviction, her apartment had to be exterminated repeatedly for bedbugs, and she had to discard her furniture. But while tenant presented receipts for the cost of replacement furniture, she produced no proof of the cost, age, or present value of the furniture she discarded. Since there was no proof submitted of the value of her old furniture immediately before her loss, the case was dismissed.

Rose v. Lagadakia Realty Corp.: NYLJ, 5/27/11, p. 29, col. 3 (App. T. 2 Dept.; Golia, JP, Pesce, Rios, JJ)

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