Attorney's Fees Provision Added to Renewal Lease

November 1, 1997

LVT Number: 11848

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and landlord then asked for attorney's fees. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant's initial lease didn't contain an attorney's fees provision. This provision was inserted later in tenant's renewal lease. The Rent Stabilization Code states that a renewal lease must be on the same terms and conditions as tenant's initial lease.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and landlord then asked for attorney's fees. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Tenant's initial lease didn't contain an attorney's fees provision. This provision was inserted later in tenant's renewal lease. The Rent Stabilization Code states that a renewal lease must be on the same terms and conditions as tenant's initial lease. It didn't matter that tenant also had the right to attorney's fees or that tenant was an attorney.

East Eleventh St. Assocs. v. Breslow: NYLJ, p. 28, col. 5 (10/22/97) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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