Landlord Gets Attorney's Fees for Tenant's Breach of Settlement Agreement

April 9, 2007

LVT Number: 19400

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to make payments over a period of time. Landlord later asked the court for attorney's fees based on tenant's violation of the settlement agreement. The court ruled for landlord. Tenant appealed and lost. Tenant repeatedly violated the agreement by not making payments as agreed. The agreement allowed landlord to seek attorney's fees if this happened, and tenant was represented by an attorney when he signed the agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to make payments over a period of time. Landlord later asked the court for attorney's fees based on tenant's violation of the settlement agreement. The court ruled for landlord. Tenant appealed and lost. Tenant repeatedly violated the agreement by not making payments as agreed. The agreement allowed landlord to seek attorney's fees if this happened, and tenant was represented by an attorney when he signed the agreement. There was no reason not to enforce tenant's agreement to pay attorney's fees under the circumstances.

Forty Central Park S. v. Wadud: NYLJ, 2/27/07, p. 31, col. 3 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)

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