Lease Didn't Have Late Fees Provision

December 1, 1997

LVT Number: 11987

Landlord sued to evict tenant for nonpayment of rent. The Tarrytown court ruled for landlord and awarded landlord $73 in late fees. Tenant appealed, claiming that there was no clause in his lease permitting collection of late fees. The court ruled for tenant and revoked the late fees. There was no lease provision allowing for the collection of late fees. Also, since there was no judgment for rent granted to landlord, costs and disbursements couldn't be awarded.

Landlord sued to evict tenant for nonpayment of rent. The Tarrytown court ruled for landlord and awarded landlord $73 in late fees. Tenant appealed, claiming that there was no clause in his lease permitting collection of late fees. The court ruled for tenant and revoked the late fees. There was no lease provision allowing for the collection of late fees. Also, since there was no judgment for rent granted to landlord, costs and disbursements couldn't be awarded.

Harte v. Cornacchia: NYLJ, p. 33, col. 2 (11/4/97) (App. T. 2 Dept.; DiPaola, JP, Collins, Ingrassia, JJ)

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