Landlord Can't Charge Late Fee

August 31, 1997

LVT Number: 11811

Landlord sued tenant to recover fees for late payment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. The court had already ruled that landlord couldn't collect late fees from tenant. The charge was illegal and couldn't be imposed because it wasn't provided for in tenant's initial lease. The $25 late charge imposed by tenant's renewal lease wasn't binding.

Landlord sued tenant to recover fees for late payment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. The court had already ruled that landlord couldn't collect late fees from tenant. The charge was illegal and couldn't be imposed because it wasn't provided for in tenant's initial lease. The $25 late charge imposed by tenant's renewal lease wasn't binding.

Harte v. Cornacchia: NYLJ, p. 24, col. 5 (8/12/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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