Tenant Abandoned Her Property After Eviction

May 11, 2012

LVT Number: #24085

Former tenant sued landlord in small claims court. She claimed that landlord lost or damaged her property after she was evicted from her apartment for nonpayment of rent. She also claimed that she had overpaid rent. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Landlord had reasonably deemed tenant's personal property to be abandoned by tenant after waiting for six weeks following the lawful eviction. Landlord tried to get information about tenant's whereabouts from tenant's relatives without success, and tenant had left the country.

Former tenant sued landlord in small claims court. She claimed that landlord lost or damaged her property after she was evicted from her apartment for nonpayment of rent. She also claimed that she had overpaid rent. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Landlord had reasonably deemed tenant's personal property to be abandoned by tenant after waiting for six weeks following the lawful eviction. Landlord tried to get information about tenant's whereabouts from tenant's relatives without success, and tenant had left the country. So landlord wasn't liable for conversion of tenant's property. Tenant's rent overpayment claim also was dismissed since tenant had signed a settlement agreement in court stating the amount of past rent due and payable.

Henryka v. Amalgamated Warbasse House, Inc.: NYLJ, 4/13/12, p. 28, col. 1 (App. T. 2 Dept.; Pesce, JP, Rios, Aliotta, JJ)

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