Do I have any legal obligation to pay the cost of the stolen car radio to my tenant under New York law?

Full question:

I have rented out my apartment and the tenant is assigned a space for parking his car. I own and manage the parking space. He has never handed over the car keys to me. Unfortunately, one fine day my tenant found his car radio stolen. Now he is trying to recover the cost of the car radio from me, because it was stolen when the car was parked in the assigned parking space. Do I have any legal obligation to pay the cost of the stolen car radio to my tenant under New York law?

• Category: Landlord Tenant
• Subcategory: Residential Lease
• Date: 04/07/2025
• State: New York

Answer:

In New York, absent proof of negligence on part of landlord as garage owner, a tenant is not entitled to recovery under landlord and tenant agreement. This is enumerated in General Obligations Law § 5-321 which deals with Agreements exempting lessors from liability for negligence void and unenforceable. It states:
Every covenant, agreement or understanding in or in connection with or collateral to any lease of real property exempting the lessor from liability for damages for injuries to person or property caused by or resulting from the negligence of the lessor, his agents, servants or employees, in the operation or maintenance of the demised premises or the real property containing the demised premises shall be deemed to be void as against public policy and wholly unenforceable.
Additionally, General Obligations Law § 5-325 which deals with Garages and parking places, states:

1. No person who conducts or maintains for hire or other consideration a garage, parking lot or other similar place which has the capacity for the housing, storage, parking, repair or servicing of four or more motor vehicles, as defined by the vehicle and traffic law, may exempt himself from liability for damages for injury to person or property resulting from the negligence of such person, his agents or employees, in the operation of any such vehicle, or in its housing, storage, parking, repair or servicing, or in the conduct or maintenance of such garage, parking lot or other similar place, and, except as hereinafter provided, any agreement so exempting such person shall be void.

 

2. Damages for loss or injury to property may be limited by a provision in the storage agreement limiting the liability in case of loss or damage by theft, fire or explosion and setting forth a specific liability per vehicle, which shall in no event be less than twenty-five thousand dollars, beyond which the person owning or operating such garage or lot shall not be liable; provided, however, that such liability may on request of the person delivering such vehicle be increased, in which event increased rates may be charged based on such increased liability.

Here, a tenant is not entitled to recover the cost of the stolen car radio from the landlord unless he can prove negligence on part of landlord as a garage owner.