Landlord Can Seek Attorneys' Fees from Tenant as Agreed in Settlement

October 22, 2018

LVT Number: #28675

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later granted landlord's request for attorney's fees, in an amount to be determined at a hearing. Tenant appealed and lost. The settlement agreement provided that tenant withdrew his answer to landlord's petition, consented to the entry of judgment for the rent arrears landlord sought without setoff or abatement, and expressly reserved landlord's right to seek attorneys' fees from the court.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later granted landlord's request for attorney's fees, in an amount to be determined at a hearing. Tenant appealed and lost. The settlement agreement provided that tenant withdrew his answer to landlord's petition, consented to the entry of judgment for the rent arrears landlord sought without setoff or abatement, and expressly reserved landlord's right to seek attorneys' fees from the court. There was no unfairness or bad faith by landlord that would justify denying landlord's attorneys' fee request.

Win Feng LLC v. Lawrence: 61 Misc.3d 127(A), 2018 NY Slip Op 51326(U) (App. T. 1 Dept.; 9/19/18; Shulman, PJ, Cooper, Edmead, JJ)

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