Legal Question in Legal Malpractice in New York

tenant-landlord

tenant has been told more than once that the garage space is private area for lanlords use only. recently, tenant's son, who does not live in property, stored several suitcses, a vacuum cleaner, arefrigerator, and an airconditioner in landlords garage without permission. landlord asked the husband of the family whether these items belonged to him (the father) and he said no. The landlord asked the other tenants whether these items belonged to them and they all said no. Landlord waited one week and when he found that proeprty was not claimed, threw the two suitcases out as abandoned property. There is a sign on garage door indicating that garage is ''private property''. Now, one of the tenants said these suitcases were hers. she wants thousands in restitution otherwise she is not paying the rent. Since the landlords property was enetered and things stored by somebody who does not live there even, is the landlord correct? And, can the tenant withold the rent because of this mishap?


Asked on 9/03/07, 9:23 pm

1 Answer from Attorneys
Steven Czik CZIK LAW PLLC

Re: tenant-landlord

Tenant cannot withhold rent for this. If they do you should immediately seek an attorney to initiate non-payment summary proceedings for an eviction.

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 9/04/07, 11:13 am


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