Tenant Loses Claim for Property Damage Caused by Bedbugs

March 31, 2011

LVT Number: #23279

Tenant sued landlord's managing agent for $5,000 in small claims court based on a breach of the warranty of habitability. Tenant claimed that the managing agent was responsible for the loss of tenant's personal property caused by a bedbug infestation in tenant's apartment. The court ruled for tenant and awarded him $3,345. Landlord appealed and won. Consequential damages, such as damage to personal property, can't be recovered in an action based on the warranty of habitability. In addition, the managing agent wasn't tenant's landlord.

Tenant sued landlord's managing agent for $5,000 in small claims court based on a breach of the warranty of habitability. Tenant claimed that the managing agent was responsible for the loss of tenant's personal property caused by a bedbug infestation in tenant's apartment. The court ruled for tenant and awarded him $3,345. Landlord appealed and won. Consequential damages, such as damage to personal property, can't be recovered in an action based on the warranty of habitability. In addition, the managing agent wasn't tenant's landlord.

Joseph v. Apartment Management Associates LLC: NYLJ, 3/17/11, p. 33, col. 1 (App. T. 2 Dept.; Pesce, JP, Golia, Steinhardt, JJ)

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