Legal Question in Landlord & Tenant Law in New York

damage to property, disclosure of cancer diagnosis and weeks later eviction

About a month ago the landlord of the building next door to the building I rent in cut down his trees and destroyed my garden and numerous personal belongings. My landlord whom I have not spoken to in almost a year, discussed in detail his liability in cleaning up and replacing my belonings. During this time I also disclosed to her that since seeing her last I had been diagnosed with cancer and had recently finished chemotherapy, daily radiation and numerous surgeries, leaving me with nerve damage and unable to walk well. She continually said how sorry she was to here of my illness and now to have to deal with all the damage in my yard. She told me she spoke to the guy next door who cut down the trees and to make an inventory of destroyed property and she deliver it to him for reinbursment. She also said she would have someone clean up all the broken furniture and mess left behind. I have called her and left message and she has not returned my calls, sent anyone to clean up or picked up the invintory list. Then, two days ago I received an eviction letter. I have been living here for over five years, and after the first year, never had a lease so I guess I am month to month. I am 37 years old, live alone and can't walk well


Asked on 8/24/06, 1:02 am

1 Answer from Attorneys

Steven Czik CZIK LAW PLLC

Re: damage to property, disclosure of cancer diagnosis and weeks later eviction

You have a number of issues to address, as to your damaged property you may have a case against both your landlord and the neighboring landlord, most likely you would want to initiate action against both. With regard to the eviction you may have several defenses as well as several valid counterclaims. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 8/24/06, 2:33 pm


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