Landlord Can't Get Late Charges

September 30, 1994

LVT Number: 9141

Co-op landlord sued tenant shareholder for back rent, and asked the court to order tenant to pay late charges as additional rent. The trial court ruled for landlord, and tenant appealed. Tenant claimed that landlord couldn't collect late charges as part of the back rent due, and the appeals court agreed. Tenant's lease didn't include a clause permitting late charges. And landlord couldn't prove that co-op board had formally approved the practice of including late fees in the rent.

Co-op landlord sued tenant shareholder for back rent, and asked the court to order tenant to pay late charges as additional rent. The trial court ruled for landlord, and tenant appealed. Tenant claimed that landlord couldn't collect late charges as part of the back rent due, and the appeals court agreed. Tenant's lease didn't include a clause permitting late charges. And landlord couldn't prove that co-op board had formally approved the practice of including late fees in the rent.

Park Towers Tenants Corp. v. Gashi: NYLJ, p. 21, col. 1 (9/21/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

Topics

More like this