Lease Clause Doesn't Allow Fees for Nonpayment Case

March 1, 2000

LVT Number: 13889

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and gave tenant no rent abatement. Landlord then asked for an award of attorney's fees. The court ruled against landlord. Tenant's lease didn't have a standard clause permitting landlord to recover attorney's fees for any legal action ''necessitated by tenant's default.'' Instead, tenant's lease called only for recovery of landlord's costs for rerenting the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and gave tenant no rent abatement. Landlord then asked for an award of attorney's fees. The court ruled against landlord. Tenant's lease didn't have a standard clause permitting landlord to recover attorney's fees for any legal action ''necessitated by tenant's default.'' Instead, tenant's lease called only for recovery of landlord's costs for rerenting the apartment. Tenant paid the back rent owed and wasn't evicted, so landlord had no rerenting costs in this case.

B&L Realty LLC v. Liang: NYLJ, 2/2/00, p. 28, col. 6 (Civ. Ct. NY; Samuels, J)

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