Landlord Charged Excessive Late Rent Fees

Landlord sued to evict tenant, who failed to appear on an adjourned court date. The court ruled for landlord based on tenant's default, granting a judgment of possession and for unpaid rent. An eviction warrant was issued. Tenant later returned and asked the court to vacate the default and dismiss the case. Tenant claimed that he missed the court date because "he had a lot going on in his life and forgot." Tenant didn't deny receipt of a timely 60-day notice to quit or that he failed to pay rent. Tenant merely disagreed with the amount of the money judgment entered on default, claiming that certain payments had been made. Tenant also questioned the attorney verification of landlord's eviction petition.

The court ruled against tenant in part, finding no reasonable excuse for tenant's default and no meritorious defense to landlord's possession. However, while Real Property Actions and Proceedings Law Section 741 did allow attorney verifications of court papers in eviction proceedings, the wording of the verification required an inquest on the claimed amount due. After holding an inquest, the court found that the late fee charges of $310 per month claimed by landlord were excessive, disproportionate to the rent owed, and void. The court did award landlord attorney's fees of $750 and costs in the amount of $197.

VP Village Park, LLC v. Victor: 40 Misc.3d 1233(A), 2013 NY Slip Op 51418(U) (Justice Ct. Pleasant Valley; 8/28/13; Sears, J)