Landlord Can't Collect Fees When Lease Type Size Is Too Small

Landlord sued to evict tenant for nonpayment of rent, and the court ruled that tenant owed about $3,600 in back rent. Landlord then asked the court for attorney's fees. Tenant argued that the attorney's fee clause in the lease was unenforceable because it was printed in a type size that was smaller than 8-point type. Landlord claimed that the clause was valid because the law requiring at least 8-point type went into effect on July 1, 1975, after tenant had signed the original lease. Landlord loses. Even though tenant signed the original lease before the law became effective, tenant had signed his renewal lease after that. Landlord should have reprinted the clause in the renewal lease in larger type to comply with the law that changed the type-size requirements.

3300 Co. v. Pandler: NYLJ, p. 26, col. 5 (1/4/95) (Civ. Ct. Bronx; Halprin, J)