Landlord Can't Include Attorney's Fees in Rent Bill

Mt. Vernon landlord sued to evict tenant for nonpayment of rent. Tenant paid her April rent 20 days late, along with the applicable late fee. Landlord refused tenant's check because it didn't contain $168 in attorney's fees. The court issued a default judgment against tenant for the rent and late fees, but not for the $168 in attorney's fees. In May, tenant made a second attempt to pay the April rent along with the late fees. Landlord refused that check also. Tenant asked the court to dismiss the default judgment against her, and the court agreed. Landlord's attempt to evict tenant for not paying attorney's fees is illegal. Attorney's fees aren't rent and can't be added to the rent bill---even if the lease contains such a clause.

Claremont Management Co. v. Wallace: Index No. 80170 (Civ. Ct. Mt. Vernon; Zambelli, J) (5/24/94) [3-page document].