Subtenant Not Responsible for Attorney's Fees

June 16, 2014

LVT Number: #25574

Landlord sued to evict tenant for unauthorized subletting or assignment. The court ruled for landlord, finding that tenant lived in Florida and the subtenant had no succession rights. The court awarded landlord attorney's fees from both tenant and subtenant. Subtenant appealed and won. Tenant's lease gave landlord the right to seek attorney's fees against tenant if tenant defaulted on his lease obligations. But subtenant hadn't signed the lease agreement, so there was no basis to charge subtenant with attorney's fees.

Landlord sued to evict tenant for unauthorized subletting or assignment. The court ruled for landlord, finding that tenant lived in Florida and the subtenant had no succession rights. The court awarded landlord attorney's fees from both tenant and subtenant. Subtenant appealed and won. Tenant's lease gave landlord the right to seek attorney's fees against tenant if tenant defaulted on his lease obligations. But subtenant hadn't signed the lease agreement, so there was no basis to charge subtenant with attorney's fees.

67-15 102nd St LLC v. Whitman-Gross: Docket No. 2012-365QC, DHCR No. 1202653911911 (App. T. 2 Dept.; 4/14/14; _______, PJ, __________, JJ)

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