Tenant Not Responsible for Damage to Elevator Doors Caused by Nonresident Son

October 28, 2017

LVT Number: #27963

Landlord sued rent-stabilized, Section 8 tenant for damages, claiming that tenant owed $5,000 because her son damaged the elevator doors in the lobby. Tenant's son had previously lived with her but had moved out over a year before the incident. The building super improperly sold the son a key to the building entry door, and the son had come to the building to visit another tenant to buy marijuana. While in the lobby, he repeatedly kicked the elevator doors, causing damage. The court ruled against landlord and dismissed the case.

Landlord sued rent-stabilized, Section 8 tenant for damages, claiming that tenant owed $5,000 because her son damaged the elevator doors in the lobby. Tenant's son had previously lived with her but had moved out over a year before the incident. The building super improperly sold the son a key to the building entry door, and the son had come to the building to visit another tenant to buy marijuana. While in the lobby, he repeatedly kicked the elevator doors, causing damage. The court ruled against landlord and dismissed the case. Tenant testified credibly that she didn't let her son into the building on that date and he didn't come to visit her then. Tenant wasn't responsible for her son's behavior on that occasion. 

 

BX-9E Partners LP v. Almonte: 56 Misc.3d 1220(A), 2017 NY Slip Op 51106(U) (Civ. Ct. Bronx; 9/6/17; Kraus, J)

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