LITTLE ROCK, Ark. (Legal Newsline) - A new Arkansas lawsuit wants a landlord to pay damages for taking a tenant's plants off her patio.
Lola Baria Silas has filed a lawsuit against Lindsey Management Company, Inc., and Lindsey Multi-Family Management Company, Inc. The case was filed in the Circuit Court of Pulaski County on Dec. 19 by James Lucas Graham from The Graham Law Firm.
The plaintiff alleges that while she was out of town between May 14 and May 19, 2023, the defendants removed her plants, pots, gardening supplies, plant stands, and various other items from her balcony and porch at the Links at Sherwood apartment complex.
She claims that upon her return home on May 19, she found a notice indicating that porches would be cleaned starting May 16 and any items not classified as patio furniture or two potted plants on stands would be disposed of.
Silas contends that there were no prohibitions against tenants placing plants or patio furniture on their balconies in the lease agreement she signed when she moved into the apartment complex in July 2019. The defendants allegedly admitted to confiscating and trashing Silas's personal property upon confrontation.
Silas is seeking compensation for the time she spent growing the plants and for "long-lasting pain, suffering, mental anguish and emotional distress," plus the value of the plants.
"Plaintiff is a plant lover, and Plaintiff has as much emotional attachment to her plants as someone may have to a beloved pet or family member," the lawsuit says.
"In addition, many of the plants Defendants destroyed possessed immeasurable sentimental value, were gifts from friends and/or family, or formerly belonged to deceased loved ones.
"As a result, the value of said plants to Plaintiff far exceeds the cost of their replacement and the destruction of Plaintiff's plants caused her significant and substantial grief and emotional distress."