Landlord May Be Entitled to Fees After Tenant Abandoned Apartment

May 31, 2005

LVT Number: 18105

Landlord sued to evict tenant for nonpayment and abandonment of the apartment before the end of his lease. The court ruled for landlord. Tenant asked the court to dismiss landlord's claim for attorney's fees. The court ruled against tenant. Tenant appealed and lost. Tenant's lease provided for attorney's fees in the event of any re-entry by landlord into tenant's apartment, in any manner. Under the terms of the lease, landlord may be entitled to attorney's fees even though tenant abandoned the apartment.

Landlord sued to evict tenant for nonpayment and abandonment of the apartment before the end of his lease. The court ruled for landlord. Tenant asked the court to dismiss landlord's claim for attorney's fees. The court ruled against tenant. Tenant appealed and lost. Tenant's lease provided for attorney's fees in the event of any re-entry by landlord into tenant's apartment, in any manner. Under the terms of the lease, landlord may be entitled to attorney's fees even though tenant abandoned the apartment.

80th Realty LLC v. Bab: NYLJ, 5/20/05, p. 24, col. 1 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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