Landlord Waited Too Long to Sue for Late Fees

May 31, 2011

LVT Number: #23425

Landlord sued tenant in small claims court for late fees accrued over a six-year period for various late monthly rent payments. Tenant claimed that many of the late fees were already paid, and that landlord had increased the late fee from $25 to $50. The court ruled against landlord and dismissed the claim. It was unjust for landlord to accumulate six years' worth of late fees before bringing its court action. Landlord's proof also was questionable.

Landlord sued tenant in small claims court for late fees accrued over a six-year period for various late monthly rent payments. Tenant claimed that many of the late fees were already paid, and that landlord had increased the late fee from $25 to $50. The court ruled against landlord and dismissed the claim. It was unjust for landlord to accumulate six years' worth of late fees before bringing its court action. Landlord's proof also was questionable. Landlord showed two sets of books--one it kept for housing court that didn't show the late fees, and another set that showed the late fees accumulated. Landlord claimed that it kept a second set of books because housing court didn't permit the collection of the late fees. But this practice seemed shady.

Broja Realty LLC v. Amparo: Index No. SCB65049/10, NYLJ No. 1202494728716 (Civ. Ct. Bronx; 5/16/11; Franco, J)

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