Tenant Gets Attorney's Fees After Case Dismissed

Landlord sued to evict tenant, claiming that tenant had attacked him and made alterations to his bathroom and kitchen without permission. Tenant claimed that it was landlord who physically assaulted him, and that he was forced to make repairs after landlord failed to do so. Tenant claimed breach of the warranty of habitability and sought a rent abatement. The court and lower appeals court ruled for tenant, but denied his request for attorney's fees.
Tenant again appealed and won. Tenant's lease contained standard language that if tenant defaulted, landlord could recover costs including reasonable attorney's fees incurred in re-renting the apartment. Tenant claimed that Real Property Law Section 234, in turn, created an implied right of tenants to recover attorney's fees if they won in an eviction case. Landlord argued that the lease clause applied only to the cost of re-renting the apartment after a tenant moved out and didn't call for a broader covenant allowing tenant to recover attorney's fees. The appeals court agreed with tenant. Since the lease gave landlord the right to recover attorney's fees from tenant if landlord won the case, the law gave tenant the same right against landlord.

Casamento v. Juaregui: NYLJ, 9/21/11, p. 27, col. 1 (App. Div. 2 Dept.; Covello, JP; Angiolillo, Dickerson, Roman, JJ)