Landlord Can't Get Late Fees

April 30, 1996

LVT Number: 10562

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. The judgment included an award of late fees in the amount of $471. Tenant appealed. The appeals court ruled for tenant, finding that landlord co-op board's resolution for five percent monthly late fees was unenforceable. Also, landlord and tenant never agreed to the late fees. In addition, landlord couldn't recover attorney's fees because the only ground for the nonpayment action was the nonpayment of the improper late fees.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. The judgment included an award of late fees in the amount of $471. Tenant appealed. The appeals court ruled for tenant, finding that landlord co-op board's resolution for five percent monthly late fees was unenforceable. Also, landlord and tenant never agreed to the late fees. In addition, landlord couldn't recover attorney's fees because the only ground for the nonpayment action was the nonpayment of the improper late fees.

67-25 Dartmouth St. Corp. v. Silberman: NYLJ, p. 30, col. 1 (4/2/96) (App. T. 2 Dept.; Aronin, JP, Chetta, Patterson, JJ)

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