Landlord Gets Fees After Case Settled

November 1, 2002

LVT Number: 16225

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The agreement delayed the eviction warrant for three months if tenant paid the back rent due. When tenant didn't do so, landlord sought an immediate eviction warrant. Tenant moved out before the eviction warrant was issued. Landlord then asked the court for an award of attorney's fees under the terms of the lease. Tenant claimed that there could be no attorney's fees award because there was nothing in the settlement agreement on that issue. The court ruled for landlord.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The agreement delayed the eviction warrant for three months if tenant paid the back rent due. When tenant didn't do so, landlord sought an immediate eviction warrant. Tenant moved out before the eviction warrant was issued. Landlord then asked the court for an award of attorney's fees under the terms of the lease. Tenant claimed that there could be no attorney's fees award because there was nothing in the settlement agreement on that issue. The court ruled for landlord. Nothing in the settlement agreement barred landlord from seeking attorney's fees.

Acierno v. Faldich: NYLJ, 10/9/02, p. 32, col. 4 (Dist. Ct. Nassau; Miller, J)

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