Landlord Didn't Produce Lease in Court

June 30, 2008

LVT Number: #20534

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and gave landlord a judgment of possession. The court also awarded landlord $1,200 based on tenant's failure to pay administrative fees, service fees, and legal fees. Tenant appealed and won. Landlord didn't produce a copy of tenant's lease before the trial court. So there was no proof that tenant was required to pay the fees claimed by landlord. It was an error for the court to rule for landlord and direct tenant to pay the fees.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and gave landlord a judgment of possession. The court also awarded landlord $1,200 based on tenant's failure to pay administrative fees, service fees, and legal fees. Tenant appealed and won. Landlord didn't produce a copy of tenant's lease before the trial court. So there was no proof that tenant was required to pay the fees claimed by landlord. It was an error for the court to rule for landlord and direct tenant to pay the fees. Landlord attached a copy of tenant's lease to its papers in opposition to tenant's appeal. But it was too late to produce the lease at this point.

Peekskill Housing Authority v. Quaintance: NYLJ, 6/23/08, p. 34, col. 2 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Scheinkman, JJ)

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