Landlord Can't Get Attorney's Fees for Eviction Case

Landlord sued to evict tenant. After tenant's lease expired, landlord claimed that tenancy became month to month, and landlord sent a 30-day termination notice before starting the eviction proceeding. On the date of trial, tenant admitted that he had surrendered possession, that landlord was the prevailing party, and that a final judgment of possession could be entered in landlord's favor. The court then granted landlord $9,285 in attorney's fees. Landlord appealed, claiming that amount of attorney's fees was inadequate. Tenant cross-appealed, contesting the attorney's fee award.

The appeals court ruled for tenant. The terms of tenant's lease limited landlord's right to recover attorney's fees to instances where tenant's default led to landlord's cancelling the lease, taking back the apartment, and deducting landlord's expenses, which included reasonable legal fees, from rent received from new tenant. There was no lease provision that landlord could recover attorney's fees as "added rent" based on termination of a month-to-month tenancy, and there was no default by tenant that prompted the cancellation of the lease or the taking back and rerenting of the apartment. The housing court lacked subject matter jurisdiction to entertain landlord's claims for attorney's fees in this case.

Sokolow v. Neumann-Werth: 86 N.Y.S.3d 370, 2018 NY Slip Op 28351 (App. T. 2 Dept.; 11/2/18; Pesce, PJ, Aliotta, Elliot, JJ)