Tenant Must Pay for Water Damage Caused by Washing Machine

August 24, 2018
LVT Number: #28607

Landlord sued former tenant in small claims court to recover $4,350, representing back rent, the cost of repairs needed when tenant's washing machine had caused water damage to landlord's apartment below, and the cost of cleaning tenant's apartment and removing tenant's personal property when tenant moved out. Tenant counterclaimed for $5,000 that he claimed he spent painting the apartment after landlord refused to do so. The trial court ruled for landlord and denied tenant's claim. Tenant appealed and won, in part. Landlord proved that water damage cost $2,150 but failed to show the amount of damages sustained as a result of removal of tenant's personal property and cleaning of the apartment. Landlord also wasn't entitled to a rent increase claimed since tenant was month-to-month and hadn't agreed to the increase. So landlord was entitled to recover only $2,550. 

Zielinski v. Kiwak: 60 Misc.3d 138(A), 2018 NY Slip Op 51127(U) (App. T. 2 Dept.; 7/13/18; Aliotta, JP, Pesce, Weston, JJ)

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