Landlord Can't Get Fees

March 1, 1999

LVT Number: 13088

Landlord sued to evict tenant. The court ruled for landlord, awarding judgment of possession and attorney's fees. Tenant appealed, claiming landlord couldn't get attorney's fees. The court ruled for tenant. Since tenant's lease didn't make attorney's fees additional rent, the fees couldn't be recovered in an eviction case.

Landlord sued to evict tenant. The court ruled for landlord, awarding judgment of possession and attorney's fees. Tenant appealed, claiming landlord couldn't get attorney's fees. The court ruled for tenant. Since tenant's lease didn't make attorney's fees additional rent, the fees couldn't be recovered in an eviction case.

Beacon Housing Authority v. Miranda: NYLJ, p. 31, col. 6 (2/18/99) (App. T. 2 Dept; DiPaola, PJ, Ingrassia, Palella, JJ)

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