Lease Doesn't Allow Late Fees

February 1, 2002

LVT Number: 15624

Facts:Landlord sued to evict tenant. Landlord sought late fees and attorney's fees from tenant. Landlord claimed that tenant's lease allowed for ''added,'' or ''additional fees.'' Tenant claimed that there was no attorney's fee or late fee clause in his first lease, so landlord couldn't claim these fees were owed. Courts:Tenant wins in part. Landlord showed that the attorney's fees claimed were reasonable. But landlord didn't prove the amount of late fees due, and there were conflicting lease provisions regarding late fees.

Facts:Landlord sued to evict tenant. Landlord sought late fees and attorney's fees from tenant. Landlord claimed that tenant's lease allowed for ''added,'' or ''additional fees.'' Tenant claimed that there was no attorney's fee or late fee clause in his first lease, so landlord couldn't claim these fees were owed. Courts:Tenant wins in part. Landlord showed that the attorney's fees claimed were reasonable. But landlord didn't prove the amount of late fees due, and there were conflicting lease provisions regarding late fees.

ATM One LLC v. Allicino: NYLJ, 1/23/02, p. 25, col. 4 (Dist. Ct. Nassau; Kluewer, J)

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