Tenant Gets Fees in Case Involving Waiver

November 1, 1999

LVT Number: 13608

Landlord sued to evict tenants for making alterations in their apartment without landlord's consent. The court ruled against landlord, finding that landlord had given up its right to object and that, in any event, landlord could restore the apartment to its original condition when tenants moved out. Tenants then asked the court for attorney's fees. Landlord claimed tenants weren't the prevailing party because the court found that they breached the lease. The court ruled for tenants. Tenants had won the case because landlord sought eviction and didn't get this result.

Landlord sued to evict tenants for making alterations in their apartment without landlord's consent. The court ruled against landlord, finding that landlord had given up its right to object and that, in any event, landlord could restore the apartment to its original condition when tenants moved out. Tenants then asked the court for attorney's fees. Landlord claimed tenants weren't the prevailing party because the court found that they breached the lease. The court ruled for tenants. Tenants had won the case because landlord sought eviction and didn't get this result. Landlord also had given up its right to object to the alterations. So tenants were entitled to reasonable attorney's fees.

350 E. 62nd St. Assocs. v. Vecilla: NYLJ, p. 29, col. 5 (10/20/99) (Civ. Ct. NY; Lau, J)

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