Rent Demand Not Defective

February 1, 1996

LVT Number: 10346

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's rent demand was defective because it contained a demand for legal fees. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court ruled for landlord and reopened the case. Since tenant's lease provided for the recovery of attorney's fees in a nonpayment proceeding, it was proper to make such a demand. Also, tenant's apartment wasn't rent-controlled or rent-stabilized, so there was no legal bar against collecting attorney's fees as ''additional rent.''

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's rent demand was defective because it contained a demand for legal fees. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court ruled for landlord and reopened the case. Since tenant's lease provided for the recovery of attorney's fees in a nonpayment proceeding, it was proper to make such a demand. Also, tenant's apartment wasn't rent-controlled or rent-stabilized, so there was no legal bar against collecting attorney's fees as ''additional rent.''

Park Holding Co. v. Price: NYLJ, p. 25, col. 4 (1/5/96) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

Topics

More like this