Landlord Can't Get Fees

December 1, 2006

LVT Number: 19258

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a settlement agreement in court in December 2002. Tenant had agreed to pay the two months' back rent owed, and did so immediately. Landlord had agreed to pursue its claim for attorney's fees separately. Landlord later sued tenant in small claims court for attorney's fees in connection with the nonpayment proceeding. The court ruled against landlord. Landlord appealed and lost. No eviction resulted from the nonpayment proceeding; tenant paid the rent owed by the agreement made in court.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a settlement agreement in court in December 2002. Tenant had agreed to pay the two months' back rent owed, and did so immediately. Landlord had agreed to pursue its claim for attorney's fees separately. Landlord later sued tenant in small claims court for attorney's fees in connection with the nonpayment proceeding. The court ruled against landlord. Landlord appealed and lost. No eviction resulted from the nonpayment proceeding; tenant paid the rent owed by the agreement made in court. The judge in the nonpayment case also had noted that tenant claimed that she had sent landlord the rent owed before landlord sued for nonpayment, and that the payment had been lost.

10-116 Terrace View Ave., Inc. v. Rangel: NYLJ, 11/28/06, p. 30, col. 3 (App. T. 1 Dept.; Davis, PJ, Gangel-Jacob, Schoenfeld, JJ)

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