No Attorney's Fees Clause in Lease

August 31, 2004

LVT Number: 17528

Landlord sued to evict tenant. The court ruled against landlord, and tenant asked for attorney's fees. The court ruled that tenant wasn't entitled to attorney's fees. Tenant appealed and lost. Tenant's lease didn't provide for recovery of attorney's fees. If the lease had said landlord could recovery attorney's fees in a landlord-tenant dispute, tenant could have asked for them under Real Property Law Section 234. But the lease only called for the recovery of expenses from a security deposit.

Landlord sued to evict tenant. The court ruled against landlord, and tenant asked for attorney's fees. The court ruled that tenant wasn't entitled to attorney's fees. Tenant appealed and lost. Tenant's lease didn't provide for recovery of attorney's fees. If the lease had said landlord could recovery attorney's fees in a landlord-tenant dispute, tenant could have asked for them under Real Property Law Section 234. But the lease only called for the recovery of expenses from a security deposit.

Riverton Assocs. v. Russell: NYLJ, 8/17/04, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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