Landlord Charged Tenant Excessive Late Fees

Landlord sued to evict tenant, claiming that tenant owed back rent and related charges. The court ruled for tenant, who appealed and won in part. Since tenant's lease didn't deem late fees, utility charges, and attorney's fees to be additional rent, the trial court didn't have the authority to entertain landlord's claims for these charges. And even if the late fees had been deemed additional rent in tenant's lease, the late fee charged of up to 43 percent of tenant's rent was excessive and grossly disproportionate to any damages that could have been sustained as a result of tenant's failure to pay rent on time.

Jacoby v. Cabrera: 60 Misc.3d 136(A), 2018 NY Slip Op 51079(U) (App. T. 2 Dept.; 7/5/18; Ruderman, JP, Tolbert, Brands, JJ)