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

May 27, 2018

LVT Number: #28404

Landlord sued to evict tenant for failing to keep his apartment in good condition and in compliance with fire codes because the apartment had become unsanitary and cluttered. At some point while the case was pending, tenant cured the hoarding condition, permitted apartment inspection, and the parties settled the case. Landlord then requested an award of attorney's fees. The court ruled against landlord. Landlord never produced a copy of a lease agreement while the case was pending that showed that there was language permitting an award of attorney's fees.

Landlord sued to evict tenant for failing to keep his apartment in good condition and in compliance with fire codes because the apartment had become unsanitary and cluttered. At some point while the case was pending, tenant cured the hoarding condition, permitted apartment inspection, and the parties settled the case. Landlord then requested an award of attorney's fees. The court ruled against landlord. Landlord never produced a copy of a lease agreement while the case was pending that showed that there was language permitting an award of attorney's fees. And since the case was settled and there was no final court determination on the merits, landlord can't be considered the prevailing party in the case. 

Fitore Associates, LLC v. Mallard: 59 Misc.3d 1214(A), 2018 NY Slip Op 50541(U) (City Ct. Mt. Vernon; 4/13/18; Seiden, J)

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