Landlord Gets Fees in Nonpayment Case

September 30, 2000

LVT Number: 14415

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and awarded landlord attorney's fees. Tenant appealed, claiming that the attorney's fees clause in her lease was unenforceable because it was in small print. The appeals court ruled against tenant. The attorney's fees clause in tenant's lease was valid, enforceable, and clearly readable. Tenant had even relied upon the clause when she herself asked the court for attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and awarded landlord attorney's fees. Tenant appealed, claiming that the attorney's fees clause in her lease was unenforceable because it was in small print. The appeals court ruled against tenant. The attorney's fees clause in tenant's lease was valid, enforceable, and clearly readable. Tenant had even relied upon the clause when she herself asked the court for attorney's fees.

56 Mac D. Inc. v. Gravine: NYLJ, 9/27/00, p. 26, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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