Legal Question in Landlord & Tenant Law in New York

stolen property due to landlord negligence

Someone came into my apartment- no forced entry and stole my computer, money, dvd, and cable modem. I spoke to managment and I was told that if I do what was necessary to secure my apartment they would deduct it from november's rent. So now I have a verble agrrement. I got the go ahead so I got window gates installed in 2 windows that have access to the fire escape according to the super he saw them come in my apartment through the window. I got the window gate and new door lock for my safety and for the safety of my unborn child which came up to $875. My rent is $950 a month. But instead I recieved a rent bill for $1470. I called management and the head managment said we would work it out. but then a few days later I was told they never said anything about deducting it from the rent. I got the police report, window and lock receipt, and cost of my computer to show. I filled for small claims court and now today recieved a letter from the saying they want to evict me. I want to know the best way to go about this in court that benefis me greatly because I feel that is not right and I find out throught the responding officer this was not the first time someone robbed this apartment. later I realized later the window didnt lock.


Asked on 12/27/07, 12:36 am

1 Answer from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: stolen property due to landlord negligence

You should be more concerned about the threatened eviction action than your financial loss, at least at this point in time. Contact a landlord/tenant attorney in your county as soon as possible.

As for the loss of property, the landlord is generally not liable for a loss as the result of an alleged burglary. There are exceptions, but generally that's what insurance is for. If you have a written lease there is probably language in it relating to this issue.

Without proof your landlord agreed to offset your rent it's very unlikely you will have success in small claims court, unless you have the case heard by an arbitrator who may possibly "throw you" something. An arbitrator's decision cannot be appealed (except in extraordinary cases).

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Answered on 12/27/07, 7:16 pm


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