Landlord Not Responsible for One Tenant's Attack on Another

October 27, 2014

LVT Number: #25818

Tenant of a rented room sued landlord for negligence after another tenant attacked him in the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant argued that landlord was aware of the other tenant's violent tendencies, history of harassment, and criminal record, and that he had complained to landlord previously of the other tenant's behavior. But landlord wasn't responsible to protect one tenant from the criminal acts of another tenant.

Tenant of a rented room sued landlord for negligence after another tenant attacked him in the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant argued that landlord was aware of the other tenant's violent tendencies, history of harassment, and criminal record, and that he had complained to landlord previously of the other tenant's behavior. But landlord wasn't responsible to protect one tenant from the criminal acts of another tenant. That would place an unreasonable burden on landlord over the acts of a third party over whom he had no control. Even if landlord evicted the other tenant, that wouldn't have necessarily prevented the incident from occurring.

Palmitesta v. Bonifazio: Index No. 602814/2014, NYLJ No. 1202668581902 (Sup. Ct. Nassau; 8/21/14; McCormack, J)

Topics

More like this