DSS Offered to Pay Back Rent Owed

July 31, 1999

LVT Number: 13461

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, granting a judgment of possession and money judgment for $705. Tenant appealed and won. DSS had offered to pay tenant's rent when landlord had brought the case. But landlord wouldn't accept the rent amount only; landlord also demanded attorney's fees as additional rent. Tenant's lease contained no attorney's fees clause, so landlord wasn't entitled to attorney's fees and should have accepted the rent from DSS.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, granting a judgment of possession and money judgment for $705. Tenant appealed and won. DSS had offered to pay tenant's rent when landlord had brought the case. But landlord wouldn't accept the rent amount only; landlord also demanded attorney's fees as additional rent. Tenant's lease contained no attorney's fees clause, so landlord wasn't entitled to attorney's fees and should have accepted the rent from DSS.

Beacon Housing Auth. v. Miranda: NYLJ, p. 32, col. 1 (7/16/99) (App. T.2 Dept.; DiPaola, PJ, Ingrassia, Floyd, JJ)

Topics

More like this