Tenant Whose E-Bike Caught Fire in Apartment Must Pay Landlord Insurance Deductible

Landlord sued tenant, seeking $5,000 in damages, attorneys fees, and interest, for damage caused by a fire started by tenant's electric bicycle (e-bike). Landlord asked the court to find tenant liable without trial. When FDNY responded one night to a call from the building, they found an e-bike in the fifth floor hallway with a battery that was shorting out. Hallway sprinklers had already put out the fire. The structure sustained fire, smoke, and water damage on several floors. Total repair costs covered by landlord's insurer were $24,000, with a $5,000 deductible. 

The court ruled for landlord and credited the Fire Marshal's testimony that deterioration of the wiring insulation caused the battery to short circuit, igniting the e-bike battery case covering and the e-bike's seat. This caused the fire in tenant's apartment, where she kept her e-bike in violation of her lease, which required tenants to keep bicycles in the building's bike room. Tenant decided not to use the bike room and instead stored and charged the e-bike battery device inside her apartment. And, once engulfed in flames, tenant moved the e-bike into the fifth-floor hallway, impeding others from exiting. The court also credited the testimony of landlord's agent and documentation concerning the extent of water damage and staff overtime needed to repair and replace apartment doors, air conditioning units, and lock, and painting and plastering. The court ordered a judgment against tenant for $5,000 and set a hearing date to determine the amount of reasonable attorney's fees tenant owed landlord.

Forest House, LLC v. Santos: Index No. CV-008258-21, 2024 NY Slip Op 51092(U)(Civ. Ct. Bronx; 8/19/24; Powell, J)