Tenant Wins Waiver Claim

December 1, 1994

LVT Number: 9263

Landlord sued to evict tenant after her lease ended. Tenant argued that landlord gave up its right to evict her because it continued to accept her rent checks for 10 months after the original lease had ended. Tenant won, and the court dismissed the case. Tenant then asked the court for attorney's fees, and the court agreed. Landlord appealed, and the appeals court ruled for tenant. Tenant won her case in the lower court, and her renewal lease had a standard attorney's fees clause. Also, the fact that tenant won based on a waiver claim doesn't change her right to get attorney's fees.

Landlord sued to evict tenant after her lease ended. Tenant argued that landlord gave up its right to evict her because it continued to accept her rent checks for 10 months after the original lease had ended. Tenant won, and the court dismissed the case. Tenant then asked the court for attorney's fees, and the court agreed. Landlord appealed, and the appeals court ruled for tenant. Tenant won her case in the lower court, and her renewal lease had a standard attorney's fees clause. Also, the fact that tenant won based on a waiver claim doesn't change her right to get attorney's fees.

Dulac v. Moy: NYLJ, p. 25, col. 4 (11/30/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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