Landlord Entitled to Fees After Eviction Case Settled

(Decision submitted by Jennifer Ecker of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict unregulated tenant after tenant's lease ended. Landlord and tenant signed a settlement agreement in court. Tenant agreed to the entry of a judgment of possession and agreed to move out by a certain date. Landlord later asked the court for attorney's fees. This issue wasn't addressed in the settlement agreement. The court ruled for landlord. The lease language was broad enough to permit landlord to get attorney's fees for any reason, including breach of lease, as long as the ultimate result would be that landlord could take possession or re-rent the apartment. Even though done by settlement agreement, landlord got a judgment of possession. Landlord had to start the eviction case because tenant didn't move out when her lease ended. Landlord was entitled to attorney's fees.

Nejat v. Sitt: Index No. 94009/04 (5/2/05) (Civ. Ct. NY; Milin, J) [2-pg. doc.]