Landlord Can't Collect Late Fees

Mt. Vernon landlord sued tenant for nonpayment of rent. Tenant claimed she'd paid the rent due before trial, but landlord had improperly charged her late fees. The trial court found that tenant had paid the rent due. It also ruled that landlord had improperly collected $175 in late fees, which weren't permitted under the lease. The court ordered that the late fees be set off against the next month's rent.

Kettner v. Morgan: Index No. 80348 (6/14/94) (City Ct. Mt. Vernon; Zambelli, J) [2-page document]