No Fees to Landlord for Nonpayment Case

July 31, 1996

LVT Number: 10748

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded him $375 in attorney's fees. Tenant appealed the attorney's fee award. The appeals court ruled for tenant. Tenant had paid rent when due for over five years. She notified landlord that she was withholding rent for the month of July 1995 because landlord had failed to pay interest on her security deposit and because repairs were needed. Landlord sued tenant, who paid the rent owed plus a late fee after her first court appearance.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded him $375 in attorney's fees. Tenant appealed the attorney's fee award. The appeals court ruled for tenant. Tenant had paid rent when due for over five years. She notified landlord that she was withholding rent for the month of July 1995 because landlord had failed to pay interest on her security deposit and because repairs were needed. Landlord sued tenant, who paid the rent owed plus a late fee after her first court appearance. Under the circumstances it wasn't fair to award landlord attorney's fees.

Lazaroff v. Skibinski: NYLJ, p. 25, col. 4 (7/18/96) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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