Subtenant Can't Get Attorney's Fees

December 1, 1999

LVT Number: 13685

Landlord sued to evict co-op tenant and subtenant for illegal subletting. The court ruled against landlord, finding that landlord had given up its objection to the sublet. Subtenant then asked the court for an award of attorney's fees. The court ruled against subtenant. Subtenant had no lease with landlord. When a lease between landlord and tenant contains a provision for the award of attorney's fees to landlord if landlord wins an eviction case, the courts will similarly award tenant attorney's fees if tenant wins the case.

Landlord sued to evict co-op tenant and subtenant for illegal subletting. The court ruled against landlord, finding that landlord had given up its objection to the sublet. Subtenant then asked the court for an award of attorney's fees. The court ruled against subtenant. Subtenant had no lease with landlord. When a lease between landlord and tenant contains a provision for the award of attorney's fees to landlord if landlord wins an eviction case, the courts will similarly award tenant attorney's fees if tenant wins the case. But subtenant had no written lease or other agreement with landlord, and so wasn't entitled to attorney's fees.

Ardache Corp. v. Shea: NYLJ, p. 28, col. 3 (11/17/99) (Civ. Ct. NY; Wendt, J)

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